The Ghana Bar Association (GBA) is facing significant scrutiny and criticisms after submitting a list of demands to President , urging him to reverse the suspension of Chief Justice Gertrude Araba Sackey Torkornoo.
According to the Ghana Bar Association (GBA), the suspension of the Chief Justice by the president is deemed unconstitutional.
The GBA contends that President Mahama, not being a judicial officer, lacks the legal authority to unilaterally exercise discretion in suspending the Chief Justice, as no existing laws confer such power upon him. "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," part of the resolution reads.
The Ghana Bar Association's resolution has sparked public criticisms, particularly from legal experts, who are questioning the basis and justification for the Association's demands - especially in light of an earlier statement from the GBA, which emphasised the need for the rule of law to prevail in the ongoing developments surrounding the Chief Justice's suspension.
