GBA labels suspension of Chief Justice unconstitutional, threatens legal action

The Ghana Bar Association (GBA) is opposing President John Dramani Mahama’s suspension of Chief Justice Gertrude Torkornoo. They plan to challenge this decision in court if it is not reversed.

At their recent mid-year conference, the GBA's National Executive Council unanimously rejected the suspension. They believe the President's action is unconstitutional. The GBA argues that it violates Article 296 of the 1992 Constitution. This article requires regulations to guide discretionary authority.

GBA Public Relations Officer Saviour Kudze emphasized the need for legal clarity. He stated that their court action aims to set a precedent against misuse of executive power. “We need judicial interpretation to ensure clear legal boundaries,” Kudze said.

The GBA believes that without published regulations, the President’s suspension lacks legal support. They argue it undermines constitutional safeguards.

In response, Deputy Attorney General Justice Srem Sai dismissed the GBA’s claims on Joy FM’s Newsnite. He insisted that the President acted within the law and doubted whether the GBA would pursue legal action. “We are convinced our position is correct,” he stated.

Dr. Sai argued that not having published Constitutional Instruments (CIs) does not invalidate presidential authority. He explained, “The failure to publish a CI does not prevent the President from exercising his powers.”