CJ removal: 'Address pressing constitutional matters now that you’ve found your voice' – Kwaku Azar to GBA

The Ghana Bar Association (GBA) is facing increasing pressure to apply its newfound assertiveness to other critical constitutional issues following its reversal on the suspension of the Chief Justice.

Just days ago, the GBA had called for strict adherence to the rule of law regarding the controversy surrounding the judiciary’s leadership.

However, the association has swiftly changed course, now urging President John Mahama to revoke the suspension of the Chief Justice and reinstate them immediately.

Despite this shift, critics—including renowned constitutional law expert Professor Kwaku Asare—are challenging the GBA to expand its focus and address key matters affecting the judiciary’s independence and the broader framework of Ghana's constitutional governance.

In a pointed statement, Prof Asare posed six key questions to the GBA:

• Supreme Court Nominations: Does the GBA support the Chief Justice's direct submission of five names for Supreme Court appointments, allegedly in contravention of Article 144(2) of the Constitution?

• Nomination Criteria: Will the association demand clarity on the standards and procedures used in selecting these nominees?

• Judicial Council's Role: Does the GBA condone the bypassing of the Judicial Council, the constitutional body tasked with judicial nominations?

• Backroom Deals: Will the GBA denounce alleged secret arrangements between the Chief Justice and the Executive in deciding who ascends to Ghana’s highest court?

• Reconstituted Panels: Is the GBA prepared to confront claims that Supreme Court panels have been reconstituted to secure preferred outcomes?

• Unconstitutional Directives: Will the GBA defend constitutional order against administrative directives that may sidestep legally established processes?

Prof Asare argued that until the GBA addresses these constitutional issues, its call for the Chief Justice’s reinstatement will lack credibility and moral force.

He stated, “Until the GBA meaningfully addresses these serious constitutional questions, it ought to suspend its resolution calling for the revocation of the Chief Justice’s suspension.”

“It’s good that the GBA has finally found its voice. We would now like to hear that voice on these pressing constitutional matters,” Prof Asare added.