Ghana Bar Association Threatens Legal Action Over Suspension of Chief Justice

The Ghana Bar Association (GBA) has issued a stern warning to President John Dramani Mahama, demanding the immediate revocation of Chief Justice Gertrude Torkornoo’s suspension or face legal action.

This warning follows resolutions adopted at the GBA’s mid-year conference, where its National Executive Council condemned the suspension as unconstitutional. The GBA insists the President’s directive violates Article 296 of the 1992 Constitution, which mandates the publication of regulations guiding discretionary powers.

Speaking on Joy FM’s Top Story, GBA Public Relations Officer Saviour Kudze said the Association is prepared to seek judicial interpretation, arguing that the court’s intervention is necessary to establish legal boundaries and prevent future abuse of executive authority.

“The issue here is not just about the current case. It’s about ensuring clarity and accountability in the application of constitutional powers going forward,” Kudze stated.

However, Deputy Attorney General Justice Srem Sai dismissed the GBA’s threat, expressing doubt about the association’s willingness to take legal steps.

“We don’t know whether the GBA will gather the confidence and courage to proceed to court on something like this,” he said on Joy FM’s Newsnite. He further argued that the absence of a Constitutional Instrument (CI) does not invalidate the President’s exercise of discretionary powers.

This escalating tension between the Bar Association and the Presidency signals a potential constitutional showdown, with broader implications for the separation of powers and the independence of the judiciary in Ghana.