GBA’s demand to revoke CJ's suspension is "legally flawed, disrespectful" – Thaddeus Sory

Private lawyer Thaddeus Sory has criticized the Ghana Bar Association (GBA). He called their request for President John Mahama to revoke Chief Justice Gertrude Torkornoo's suspension "legally flawed and disrespectful."

His comments came after the GBA issued a statement on April 26. They urged the President to reverse his decision, claiming the suspension was “unconstitutional.”

The GBA argued that President Mahama is not a judge or judicial officer. They said he acted without a published Constitutional Instrument, as required by Article 296 of the 1992 Constitution.

In response on April 29, Mr. Sory stated that the GBA’s demands expose inconsistencies in their reasoning. He cited Article 146(10) of the Constitution, which allows the President to suspend the Chief Justice with advice from the Council of State.

He explained that this means the President must act once he receives such advice. The word "may" does not give him discretion to act alone.

Mr. Sory emphasized that once advised by the Council of State, the President is bound to act and must suspend.

Regarding GBA's threat of legal action if the suspension isn’t revoked, Mr. Sory said there is no need for threats.

He added that if they believe they have a case, they should go to court. However, he noted that history is not on their side; past attempts have ended in defeats for them.