Efua Ghartey
The Ghana Bar Association (GBA) has called on President John Dramani Mahama to revoke the suspension of Justice Gertrude Torkornoo as Ghana’s Chief Justice.
The Association is also calling on the President to release the full details of the finding of prima facie against Justice Torkornoo, which led to her suspension.
According to a resolution passed by the GBA at the close of its mid-year conference, the decision by the President to suspend the Chief Justice was unconstitutional as it did not follow the processes laid down by the 1992 Constitution, particularly Article 296.
Article 296 talks about people vested with power using their discretion in a fair and candid manner.
It states that “(b) the exercise of the discretionary power shall not be arbitrary, capricious or biased wither by resentment, prejudice or personal dislike and shall be in accordance with due process of law.”
It further states that “(c) where the person or authority is not a judge or other judicial officer, there shall be published by constitutional instrument or statutory instrument, regulations that are not inconsistent with the provisions of this Constitution or that other law to govern the exercise of the discretionary power.”
President Mahama, on April 22, 2025, suspended Chief Justice Gertrude Sackey Torkornoo following the setting up of a five-member committee to probe the three petitions calling for her removal from office.
The suspension followed the finding of prima facie by the Council of State following the forwarding of the three petitions by the President.
Revocation
The GBA, in a statement co-signed by its National President Efua Ghartey and National Secretary Kwaku Gyau Baffour, said the President’s decision to suspend the Chief Justice without a published Constitutional Instrument or a statutory regulation, given the fact that he is not a judge or a judicial officer is unconstitutional.
“The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional, considering the fact that the President who is not a judge or judicial officer exercised his discretion to suspend the Chief Justice under Article 146(10) of the 1992 Constitution in the absence of a published Constitutional Instrument, Statutory Instrument or Regulation(s) governing the exercise of his said discretion as required by Article 296 of the 1992 Constitution,” GBA indicated.
The Association has also called for the immediate enactment of clear and comprehensive regulations relating to matters under Article 146 of the Constitution of the Republic of Ghana to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices, particularly in the context of the impeachment or removal of such officers.
“In addition, the Ghana Bar Association calls upon the President of the Republic of Ghana to immediately release the full decision establishing a prima facie case against the Chief Justice, consistent with established precedent. This disclosure is necessary to ensure that the process is conducted in accordance with the principles of transparency and fairness,” it stated.
The Association also pointed out that it denounces any and all unsubstantiated political commentary or statements that seek to undermine the authority, independence, and integrity of the Judiciary.
“The Association affirms its commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks,” the Association added.
BY Gibril Abdul Razak