The Ghana Bar Association (GBA) has criticised President John Mahama’s suspension of Chief Justice Gertrude Torkornoo.
The statement, signed by the association’s President Efua Ghartey, is demanding an immediate revocation of what it calls an “unconstitutional act” due to the absence of published regulations governing such executive discretion.
At its Mid-Year Conference in Accra, the legal body passed resolutions declaring the suspension procedurally flawed.
“The President exercised discretionary powers under Article 146(10) without the required Constitutional Instrument or published regulations as mandated by Article 296. This omission renders the suspension unlawful,” the April 26 statement read.
On April 22, President Mahama suspended the Chief Justice following the establishment of a committee to investigate petitions against the top judicial official.
The move, announced in a statement from the Presidency, was said to be in compliance with constitutional provisions and follows consultations with the Council of State.
However, the GBA has called for three immediate actions: revocation of the suspension, enactment of clear regulations for judicial disciplinary processes, and full disclosure of the prima facie evidence against the Chief Justice.
“Transparency cannot be sacrificed at the altar of expediency,” the GBA resolution indicated.
“The Judiciary’s independence hinges on strict adherence to constitutional processes.”
Article 296 explicitly requires published rules for discretionary powers.
On the back of this, the GBA warned that ignoring this provision sets “a dangerous precedent for judicial accountability.”
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