Where was the Bar when CJ Torkornoo was issuing unlawful directives? — Thaddeus Sory

Private legal practitioner Thaddeus Sory has questioned the Ghana Bar Association’s (GBA) silence during what he describes as unconstitutional actions by suspended Chief Justice Gertrude Esaaba Torkornoo.

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

But 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—not the individual.”

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

In a social media post on Tuesday, April 29, Mr Sory further stated that the Bar’s position implies the powers of the office are personal to the suspended Chief Justice.

Yet, he said, when Justice Torkornoo was in office, the Bar raised no objections as she reassigned judges and altered case allocations.

“Where was the Bar when the suspended Chief Justice issued unconstitutional and unlawful administrative guidelines and practice directions—actions that not only violated legal norms but also resulted in financial loss to the Republic through ill-conceived launches?” he questioned.

His comments follow a five-point resolution issued by the GBA at its mid-year conference on April 26, which addressed issues including the Chief Justice’s suspension, the Bawku conflict, and the unresolved Ablekuma North parliamentary election.

The Association had argued that the President’s suspension of the Chief Justice was unlawful, citing Article 296 of the 1992 Constitution and suggesting that the President, not being a judicial officer, lacked the discretion to act without a clear regulatory framework.

But Mr Sory described this view as “legally flawed and disrespectful,” pointing instead to Article 146(10) of the Constitution, which states: “The President may, acting in accordance with the advice of the Council of State, suspend the Chief Justice.”