US-based Ghanaian law professor, Stephen Kwaku Asare has hit back at the Ghana Bar Association over their U-turn on the suspension of the Chief Justice Gertrude Torkornoo.
In the facebook post, Kwaku Azar said “Less than a week after calling for the rule of law to prevail [in the petition against the CJ], the GBA has reversed course — now urging the President to revoke the suspension of the Chief Justice.”
Prof. Asare is therefore calling on the Ghana Bar to answer the below question since they have now found voice to speak on issues of national interest”
Less than a week after calling for the rule of law to prevail, the GBA has reversed course — now urging the President to revoke the suspension of the Chief Justice.
It’s good that the GBA has finally found its voice.
We would now like to hear that voice on these pressing constitutional matters:
1. Supreme Court Nominations:
Does the GBA support the Chief Justice personally selecting and submitting five names for Supreme Court appointment — contrary to Article 144(2) of the Constitution?
2. Nomination Criteria:
Will the GBA explain what criteria the Chief Justice used in choosing her five nominees — and whether it meets constitutional standards of merit, transparency, and fairness?
3. Usurpation of the Judicial Council’s Role:
Does the GBA condone the Chief Justice bypassing the Judicial Council, the body constitutionally entrusted with recommending nominees to the Supreme Court?
4. Backroom Deals on Judicial Appointments:
Does the GBA support secret backroom exchanges and entanglements between the Chief Justice and the Executive over who sits on Ghana’s apex court?
5. Reconstitution of Panels:
Will the GBA defend or condemn the practice of reconstituting Supreme Court panels to engineer preferred outcomes — a blatant violation of decisional independence?
6. Unconstitutional Directives:
Does the GBA believe the Chief Justice can lawfully issue administrative directives that bypass constitutional procedures and established checks?
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.
Da Yie!
