Stop the threats and go to court – Thaddeus Sory tells GBA

Renowned lawyer Thaddeus Sory has advised the Ghana Bar Association (GBA) to seek legal action. He believes this is necessary if they think Chief Justice Gertrude Torkornoo's suspension by President John Dramani Mahama is unconstitutional.

Sory's comments came after the GBA expressed concerns about the President's actions. The GBA, through Public Relations Officer Saviour Kudze, stated that the President used discretionary power improperly. They argued that such discretion should follow legal guidelines to ensure accountability and prevent abuse.

Kudze explained that regulations should exist before exercising discretion under Article 296 of the Constitution. This would help govern how discretion is applied.

In his Facebook post titled "Revoke and Suspend the Bar," Sory urged the GBA to stop public commentary. He said, “If the Bar believes it has a case, let it go to court.” He questioned past legal efforts by the GBA, noting they have faced embarrassing defeats.

Sory pointed out that even respected colleagues have won cases against the Bar. He emphasized that law interpretation is not exclusive to the Bar.

He then shared details about a recent resolution from the GBA. It took two days for their resolution to be made public after being passed on April 26, 2025.

The GBA demanded two things:
1. The Acting Chief Justice should withdraw his directive on case assignments.
2. The President should revoke Chief Justice Torkornoo’s suspension.

The GBA claimed both actions were unconstitutional and uncertain. They argued that only published regulations could justify such presidential discretion under Article 296 of the Constitution.

Sory criticized these demands as legally flawed and inconsistent with previous statements from the Bar. He noted that assigning cases is an administrative function of the Chief Justice’s office, not just an individual holder's responsibility.

He questioned why there were no objections when Torkornoo reassigned judges while in office. Did they expect her to use random methods for assignments?

Sory also highlighted past issues with Torkornoo’s administrative guidelines, which he claimed violated legal norms and caused financial loss to Ghana.

He reiterated that Article 146(10) states: “the President may suspend the Chief Justice” only with advice from the Council of State. Without this advice, he cannot act unilaterally; he must follow constitutional requirements.

In conclusion, Sory urged that if there are grievances, they should be taken to court rather than making threats or outrage in public forums. History shows past attempts by the GBA have not been successful in court battles against established interpretations of law.