GBA’s demand for CJ’s reinstatement legally flawed and disrespectful — Thaddeus Sory

Private legal practitioner Thaddeus Sory has taken a swipe at the Ghana Bar Association (GBA) over its call on President John Dramani Mahama to revoke the suspension of Chief Justice Gertrude Esaaba Torkornoo.

The GBA, at its mid-year conference held on April 26, issued a five-point resolution addressing major national and professional concerns, including the Chief Justice’s suspension, the protracted Bawku conflict, and the unresolved parliamentary election in Ablekuma North.

In its resolution, the association argued that the President’s suspension of the Chief Justice was unlawful.

It contended that President Mahama, who is not a judicial officer, lacked the constitutional authority to exercise such discretion without a clearly established regulatory framework as stipulated in Article 296 of the 1992 Constitution of Ghana.

But reacting to the claims in a social media post on Tuesday, April 29, constitutional lawyer Thaddeus Sory described the GBA’s demands as legally flawed and disrespectful.

He cited Article 146(10) of the 1992 Constitution, explaining that, “The President may, acting in accordance with the advice of the Council of State, suspend the Chief Justice.”

“This means that unless there is advice from the Council of State, the President cannot suspend the Chief Justice. The word ‘may’ here does not grant discretion to act unilaterally. Once advised by the Council of State, the President is constitutionally bound to act—he must suspend,” he stressed.

The Bar had also urged Acting Chief Justice Paul Baffoe-Bonnie to withdraw his directive on the assignment of cases, describing it as uncertain.

But in response, Mr Sory argued that “by law and longstanding practice, the power to assign cases is an administrative function of the Chief Justice. This function pertains to the office of the Chief Justice—not the individual currently holding the title.”

“Therefore, anyone constitutionally recognized as the Chief Justice, including one serving in an acting capacity, is empowered by law and practice to assign cases,” he added.