The Ghana Bar Association (GBA) has intensified its opposition to President John Mahama’s suspension of Chief Justice Gertrude Torkornoo, issuing a stern warning of imminent legal action if the directive is not revoked.
This development follows the GBA’s National Executive Council’s recent release of resolutions from its mid-year conference, where it unequivocally declared the suspension unconstitutional.
Speaking on Joy FM’s Top Story, GBA Public Relations Officer Saviour Kudze emphasized the need for clarity in the legal process, underscoring the importance of establishing clear guidelines for the future.
According to Kudze, the potential court action will seek judicial interpretation to prevent the arbitrary use of executive power in such matters.
The Association maintains that President Mahama’s suspension of the Chief Justice contravenes Article 296 of the 1992 Constitution, which mandates published regulations for the exercise of discretionary powers. In the GBA’s view, the absence of such rules renders the suspension unlawful.
However, Deputy Attorney General Justice Srem Sai has dismissed the GBA’s concerns, expressing skepticism about the Association’s willingness to pursue legal action.
“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 on something like this,” he remarked on Joy FM’s Newsnite.
Justice Sai further explained that the failure or inability to publish the said regulations does not prevent the President from exercising his discretion.
“The failure or inability to publish a CI in respect of discretionary power does not prevent the president from exercising it at all.
“The GBA’s threat of court action has sparked a heated debate, with the outcome hanging precariously in the balance.
