GBA threatens court action if Mahama doesn’t revoke CJ suspension

The Ghana Bar Association (GBA) is strongly opposing President John Mahama’s suspension of Chief Justice Gertrude Torkornoo. They warn of legal action if the suspension is not revoked.

The GBA's position follows resolutions from its recent mid-year conference. They declared the suspension unconstitutional.

On Joy FM’s Top Story, GBA Public Relations Officer Saviour Kudze emphasized the need for clarity in legal processes. He stated that a legal move is essential to set clear guidelines for the future.

Kudze explained that potential court action will seek judicial interpretation. This aims to prevent arbitrary use of executive power in such cases.

The GBA argues that President Mahama’s suspension violates Article 296 of the 1992 Constitution. This article requires published regulations for exercising discretionary powers. Without these rules, they claim, the suspension is unlawful.

In response, Deputy Attorney General Justice Srem Sai dismissed the GBA's concerns. He expressed confidence in their position on Joy FM's Newsnite.

Sai questioned whether the GBA would have the courage to go to court over this issue. He clarified that failing to publish regulations does not stop the President from using his discretion.

According to him, "The failure or inability to publish a CI does not prevent the president from exercising it at all."