Failure to publish C.I. doesn't prevent Mahama from suspending CJ - Srem-Sai

The Deputy Attorney General, Justice Srem-Sai, addressed concerns about President John Mahama's powers. He stated that the President does not need to publish a Constitutional Instrument (C.I.) before exercising his discretionary powers.

His comments followed worries from the Ghana Bar Association (GBA) regarding the suspension of Chief Justice Gertrude Torkornoo.

On Joy FM's NewsNight on April 29, Justice Srem-Sai explained that delays or refusals to publish a C.I. do not prevent the President from acting within his constitutional rights.

He emphasized, “The failure or inability to publish a regulation does not disable discretion.”

Justice Srem-Sai provided examples of presidential functions done without a C.I., such as appointing ministers and signing international agreements. He argued these actions remain legally valid.

“Does that mean the President cannot appoint a minister? Clearly not,” he stressed.

He responded to the GBA’s statement questioning the legality of suspending the Chief Justice. The GBA cited a lack of regulations for such discretionary actions as their concern.

They argue that this absence violates Article 296 of the 1992 Constitution, making the suspension unlawful.

In response, Justice Srem-Sai accused the GBA of straying from legal principles and relying on non-legal grounds for their opinion.

“The more I read it, the more I get convinced that they have abandoned principles of law,” he said.

While acknowledging their right to express opinions, he noted that his department views their statement as just one perspective among many.

"We'll consider all views we receive on this matter," he added.

When asked if they are ready for potential court action from the GBA, Justice Srem-Sai expressed confidence in their legal position.

“We believe our position is correct,” he stated. “We don’t know if the GBA will proceed to court.”