Saturday, 26 April

CJ's suspension: Ghana Bar Association calls for strict adherence to rule of law

General News
Getrude Torkornoo, suspended Chief Justice

The Ghana Bar Association (GBA) has issued an official statement addressing the ongoing process for the removal of Chief Justice Gertrude Torkornoo, following her recent suspension by President John Dramani Mahama.

The Association emphasised its deep concern over the development and called for strict adherence to constitutional procedures and the rule of law.

In a statement signed by its National Secretary, Kwaku Gyau Baffour, and dated April 24, 2025, the GBA confirmed that its General Council has been closely monitoring the situation over the past two months. According to the Association, the process has raised significant legal and constitutional issues, especially in light of multiple petitions submitted and ongoing court challenges to the procedure.

The GBA reiterated its commitment to defending justice and maintaining the independence of the judiciary—two of its core mandates under the Constitution and its Code of Ethics.

It acknowledged that, as of March 27, three petitions had been filed for the Chief Justice’s removal, with two cases pending before the Supreme Court, including applications for injunctions against the process.

Citing Article 146 of the 1992 Constitution, the GBA outlined the required procedure for removing a Chief Justice, which includes the appointment of a five-member investigative committee by the President, in consultation with the Council of State.

This committee must include two Supreme Court Justices and three non-politically affiliated civilians.

The GBA also noted that proceedings must be held in camera and that the President has the constitutional authority to suspend the Chief Justice while the matter is being investigated.

Despite recognising these constitutional provisions, the GBA reminded all actors involved that the matter is currently sub judice—pending judicial determination—and urged all parties to conduct themselves in a manner consistent with the rule of law and the spirit of the Constitution.

“It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution on the exercise of discretion and will act in a manner that safeguards and enhances the independence and image of the Judiciary,” the statement read.

The Association reaffirmed its role as a guardian of constitutional democracy, pledging to continue defending the justice system, amplifying the voice of the voiceless, and upholding the aspirations of the Ghanaian people.

 

“The GBA shall remain the conscience of society and act to safeguard the Rule of Law and uphold the Constitution of the Republic,” the statement concluded.

Source: Classfmonline.com/Cecil Mensah