'Where was the Bar?' — Thaddeus Sory criticises GBA’s silence over past judicial misconduct

Renowned lawyer Thaddeus Sory has criticized the Ghana Bar Association (GBA). He accused it of selective activism and ignoring past judicial misconduct.

In a statement on April 29, he challenged the GBA's recent resolution. This resolution called for the reinstatement of the suspended Chief Justice. It also demanded the withdrawal of an administrative directive from the Acting Chief Justice.

Mr. Sory noted that it took two days for this resolution to be publicized. He questioned the timing and sincerity of the GBA’s position. The resolution was passed on April 26 but only became public on April 29.

He labeled the GBA's demand for revoking the Chief Justice's suspension as “legally flawed and disrespectful.”

The GBA claimed that the President’s action was “unconstitutional.” They argued it was taken without a published Constitutional Instrument or Regulation, per Article 296 of the 1992 Constitution. However, Sory dismissed this reasoning.

He pointed out that Article 146(10) states: “the President may, acting in accordance with advice from the Council of State, suspend the Chief Justice.” He emphasized that without such advice, suspension cannot occur.

Sory explained that "may" does not give unilateral discretion to act. Once advised by the Council of State, he said, the President must act accordingly.

Sory also questioned why the GBA remained silent during troubling actions by the suspended Chief Justice. He noted that when she was in office, they raised no objections to her reassignment of judges and case allocations.

He sarcastically asked if they suggested using an algorithm for case assignments instead.

Mr. Sory alleged that under her leadership, unlawful guidelines caused financial loss to Ghana through poorly conceived launches.

He bluntly asked where the Bar was when these guidelines were issued. If they claim ignorance, he insisted their defense would not hold up: “I wrote publicly on those very matters.”

He accused them of inconsistency and hypocrisy while playing politics with legal issues.

Sory stated that their position implies powers are personal to one individual rather than tied to office itself. The authority to assign cases belongs to whoever is recognized as Chief Justice.

Thaddeus Sory concluded by challenging the Bar to test its claims in court. He stated there is no need for threats or outrage; if they believe they have a case, they should proceed legally.

However, he warned them about history not being on their side due to past defeats in similar attempts. In a striking declaration, he asserted: “The law is not in the bosom of the Bar!”