The Ghana Bar Association (GBA) has taken a firm stance on the recent suspension of Chief Justice Gertrude Torkornoo, calling for its immediate revocation due to alleged unconstitutionality.
In a strongly worded statement dated April 26, the GBA contended that the President’s decision to suspend the Chief Justice under Article 146(10) of the 1992 Constitution lacks a legal basis.
According to the GBA, the suspension was executed without the requisite published Constitutional Instrument, Statutory Instrument, or regulation governing the exercise of presidential discretion, thereby violating Article 296 of the Constitution. The Association asserts that this procedural flaw renders the suspension null and void.
The GBA’s statement unequivocally demands the revocation of the suspension, emphasizing that it is unconstitutional and undermines the rule of law.
Furthermore, the Association urges the government to enact clear and comprehensive regulations to guide processes under Article 146, which governs the impeachment or removal of Superior Court justices.
The absence of such regulatory frameworks, the GBA argues, compromises transparency, fairness, and accountability in proceedings involving members of the judiciary.
In addition to the revocation demand, the GBA has called on the President to release the full decision establishing a prima facie case against Chief Justice Torkornoo. The Association believes that such transparency would be in line with established precedent and essential for ensuring procedural fairness.
The GBA also expressed concern over prejudicial and politically motivated commentary surrounding the matter, warning that such statements risk eroding public trust in the judiciary.
The Association reaffirmed its commitment to safeguarding the sanctity of the judicial process and vowed to take all necessary legal measures to protect the Judiciary from undue interference or unjustifiable attacks.
The suspension of the Chief Justice has sparked intense debate across Ghana’s legal and political circles, with many stakeholders closely watching the situation’s unfolding.
Below is the full statement issued by GBA.
