'Law is not democracy' - Deputy AG says GBA resolution on CJ suspension as legally meaningless

Deputy Attorney General Justice Srem Sai has criticized the Ghana Bar Association (GBA). He argues that their recent resolution lacks legal authority. This resolution calls for reinstating the Chief Justice and reversing directives from the Acting Chief Justice.

Speaking on Joy News’ PM Express, he said the Bar has overstepped its bounds. “Law is not democracy,” he stated. He emphasized that a majority does not dictate legal meaning.

Justice Srem Sai questioned the legitimacy of the GBA's resolution. He noted it was passed by only “45 people.” This small group should not represent over 5,000 lawyers.

He suggested that careful thought should have gone into this resolution. It should not be attributed to such a large association without proper consideration.

His comments come amid tensions in the legal community. These tensions follow the Chief Justice’s suspension and concerns about GBA's public stance.

He finds it troubling that the Bar’s position tries to override judicial precedent. “There is already a decision on this matter,” he said.

Passing a resolution against Supreme Court decisions is problematic, according to him. He believes law must rely on reasoning, not popular opinion.

“Law is backed by legal reasoning,” he explained. It requires attention to precedents and case law.

The Deputy Attorney General also criticized GBA’s demand for transparency from the President. They want him to publish details of a prima facie determination involving the Chief Justice.

He argued this demand violates constitutional principles and judicial rulings. The Constitution states such processes must remain confidential.

“One point in their resolution asks for public disclosure,” he noted. However, confidentiality is required by law regarding these proceedings.

He referenced at least three court decisions supporting this confidentiality requirement. “Nothing about these proceedings should be made public,” he emphasized.

Justice Srem Sai concluded that if lawyers support violating confidentiality, there’s a serious issue with that stance.