GBA threatens legal action over alleged unconstitutional suspension of Chief Justice

The Ghana Bar Association (GBA) has strongly opposed President John Dramani Mahama’s suspension of Chief Justice Gertrude Torkornoo, vowing to challenge the decision in court if it is not reversed.

At its recent mid-year conference, the GBA’s National Executive Council unanimously adopted a resolution rejecting the suspension as unconstitutional.

The Association insists that the President's action breaches Article 296 of the 1992 Constitution, which requires the publication of regulations to guide the exercise of discretionary authority.

GBA Public Relations Officer Saviour Kudze stressed the need for legal clarity on the matter, stating that the planned court action is intended to establish a precedent and prevent future misuse of executive power.

“We need judicial interpretation to ensure that discretionary powers are exercised within clear legal boundaries,” Kudze said.

The GBA contends that without the publication of the necessary regulations, the President’s suspension of the Chief Justice lacks legal backing and undermines constitutional safeguards.

However, the Deputy Attorney General, Justice Srem Sai, dismissed the GBA’s claims during an appearance on Joy FM’s Newsnite.

He maintained that the President acted within the law and suggested the GBA's threat of legal action may not materialise.

“We are convinced that our position is the right one. We don’t know whether the GBA will gather the confidence and courage to proceed to court,” he stated.

Dr. Sai further argued that the absence of published Constitutional Instruments (CIs) does not invalidate the President’s authority to act under the Constitution.

“The failure or inability to publish a CI in respect of discretionary power does not prevent the President from exercising it at all,” he explained.