The Ghana Bar Association (GBA) has strongly demanded the immediate lifting of Chief Justice Gertrude Torkornoo’s suspension, deeming the move unconstitutional and lacking legal foundation under Ghana’s 1992 Constitution.
In a statement dated April 26, the GBA argued that the President’s decision to suspend the Chief Justice under Article 146(10) of the Constitution was flawed due to the absence of a published Constitutional Instrument, Statutory Instrument, or regulation guiding the exercise of that presidential discretion, violating Article 296 of the Constitution.
“The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional,” the statement read. The GBA also urged the government to promptly enact clear and comprehensive regulations to govern all processes under Article 146, which deals with the impeachment or removal of Superior Court justices.
The Association emphasised that the lack of such regulatory frameworks’ compromises transparency, fairness, and accountability in proceedings involving members of the judiciary.
Additionally, the GBA called on the President to release the full decision establishing a prima facie case against Chief Justice Torkornoo, stating that this would align with established precedent and ensure procedural fairness and transparency.
The GBA condemned prejudicial and politically motivated commentary surrounding the matter, warning that such statements risk eroding public trust in the judiciary.
“The Association affirms its commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks,” the statement added.
Again, the GBA called on the acting Chief Justice, Paul Baffoe-Bonnie, to withdraw the directive concerning the assignment of courts and scheduling of newly filed cases and applications, citing concerns over clarity and the need for efficient justice delivery.
Ghanaian fashion
The Association described the directive as “uncertain” and potentially disruptive to the judicial process.
It emphasised the need for transparency and predictability in how cases are assigned, particularly in a system where timely access to justice remains critical.
The GBA further urged the Judiciary to embrace and enhance the use of technology in the assignment of cases to various courts.
It argued that a tech-based approach would improve efficiency, reduce human interference, and promote fairness and transparency in the administration of justice.
“Recognising that the directive by His Lordship, the Acting Chief Justice on the assignment of cases by his office is uncertain and having regard to the importance of technology and the urgency of justice delivery, the Ghana Bar Association respectfully requests that this directive be withdrawn,” the statement read
The suspension of the Chief Justice has sparked intense debate across Ghana’s legal and political circles, with many closely watching how the situation unfolds in the coming days.
Story By Alfred Asamoah
