GBA Urges Respect for Judiciary’s Independence Amid Chief Justice’s Suspension

The Ghana Bar Association (GBA) has urged all stakeholders involved in the ongoing process concerning the suspension and potential removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo to act in a manner that upholds and strengthens the integrity and independence of the judiciary.

In a statement released on Thursday, April 24, the GBA acknowledged the constitutional provisions outlined under Article 146 (6) to (10) that govern the removal of a Chief Justice, but emphasized the importance of respecting due process and adhering to the principles of the Rule of Law. The association further stressed that, as the matter is currently sub judice, all parties should be guided by both the letter and spirit of the law.

The GBA highlighted Article 296 of the 1992 Constitution, which governs the exercise of discretionary power, reminding all involved—regardless of their level of participation—to act in a way that preserves the dignity and independence of the judicial system.

“Justice derives its authority from the people of Ghana and is administered by the Judiciary under the leadership of the Chief Justice,” the statement said. “The GBA reaffirms its commitment to promoting trust in the justice system and to defending the Constitution, which reflects the will of the people.”

The statement comes in the wake of President John Dramani Mahama’s decision to suspend Chief Justice Torkornoo following the establishment of a prima facie case based on three separate petitions. In line with Article 146(6) of the Constitution and after consulting the Council of State, the President has also set up a five-member committee to investigate the petitions.

This committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, includes Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.

Earlier, on March 25, 2025, the Presidency confirmed the receipt of petitions from different individuals seeking the removal of the Chief Justice. These petitions were duly referred to the Council of State as required by constitutional procedures. Chief Justice Torkornoo has since responded to the allegations.

The GBA’s call aims to ensure that the process remains fair, transparent, and in accordance with constitutional values that protect the sanctity of the judiciary.