The Ghana Bar Association (GBA) has called on President John Dramani Mahama to revoke the suspension of Chief Justice Gertrude Torkornoo, citing unconstitutionality due to the absence of published regulations guiding the exercise of discretionary powers under Article 296 of the 1992 Constitution. According to the GBA, the President’s decision to suspend the Chief Justice without a Constitutional Instrument or statutory instrument is flawed.
Key Demands by the GBA
– Revocation of Suspension: The GBA demands that President Mahama revoke the suspension of Chief Justice Torkornoo, deeming it unconstitutional.
– Disclosure of Prima Facie Evidence: The association calls for the release of the full decision establishing a prima facie case against the Chief Justice to ensure transparency and fairness.
– Withdrawal of Directive: The GBA urges the withdrawal of a directive from Acting Chief Justice, Justice Paul Baffoe-Bonnie, concerning the assignment of courts and fixing dates for newly filed cases.
Lawyer Raymond Gbedemah’s perspective is that the decision can be reverted by going back to the Supreme Court, emphasizing that the Supreme Court’s rulings become law and that not every exercise of discretionary power requires prior regulation. He highlights the importance of urgent attention in certain matters and notes that the President would have needed to wait 21 days for a constitutional or statutory instrument to mature before making a decision.
The GBA’s stance is supported by some legal practitioners, including Saviour Kudze, who asserts that the President acted unconstitutionally due to the lack of legal backing for presidential discretion. The association emphasizes the need for clear regulations to guide judicial disciplinary processes and ensure transparency and accountability
The suspension of the Chief Justice has significant implications for the judiciary and the country as a whole. The GBA’s call for revocation highlights the need for transparency and accountability in the exercise of discretionary powers. The outcome of this situation will have far-reaching implications for the rule of law and the independence of the judiciary in Ghana.
Story by: Ohemaa Adusi-Poku
