'The law is not in the bosom of the Bar' - Thaddeus Sory unleashes legal fire on GBA

Prominent constitutional lawyer Thaddeus Sory has criticized the Ghana Bar Association (GBA). His critique follows the GBA's recent comments on the Chief Justice suspension saga.

Sory accused the GBA of hypocrisy and legal ignorance. He also pointed out double standards in their resolution. This resolution demanded revocation of the Chief Justice’s suspension and a directive from the Acting Chief Justice.

In a statement on April 29, Sory dismissed the GBA’s resolution as “legally flawed and disrespectful.” He questioned the legal basis for the Association’s position.

Sory stated, “The law is not in the bosom of the Bar.” He challenged their interpretation of constitutional provisions and their motives.

The Ghana Bar Association had resolved that:

1. The Acting Chief Justice should withdraw his directive on case assignments.
2. The President should revoke the suspension of the Chief Justice.

The GBA claimed that the President's action was unconstitutional. They argued it lacked legal backing under Article 296 of the 1992 Constitution. However, Sory remained firm in his response.

He wrote, “These demands expose a troubling inconsistency in the Bar’s reasoning.” He questioned why it took two days for their resolution to be released.

Sory noted that assigning cases is tied to the office of Chief Justice, not to an individual. He explained that this power is an administrative function of that office.

“The Acting Chief Justice has every right to perform this role,” he said. He emphasized that both current and past Chief Justices must fulfill this function.

Sory accused the Bar of inconsistency regarding past abuses. He pointed out that when the suspended Chief Justice reassigned judges, they raised no objections.

“Did they suggest she use an algorithm to assign cases?” he asked sarcastically.

He questioned where the Bar was when unconstitutional guidelines were issued by her. Some actions caused financial loss to the state, yet they remained silent.

“If they claim ignorance, I publicly addressed those matters,” he stated.

On constitutional issues, Sory was clear: “Article 146(10) states: ‘…the President may suspend the Chief Justice.’”

He argued that "may" does not allow unilateral action by the President. Once advised by Council of State, he must act accordingly.

Sory challenged the Bar to take legal action if they believe they have a case. However, he warned them about historical defeats in similar attempts.

“If they believe it has merit, let them go to court,” he said. “But history is not on their side.”

In closing, Sory reminded his colleagues about past victories against GBA interpretations in court. “The law is not solely for their interpretation,” he concluded.