CJ Suspension: GBA’s demand untenable under law – Srem-Sai

Deputy Attorney General and Minister of Justice, Justice Srem Sai, has accused the Ghana Bar Association of attempting to circumvent the constitution.

The Ghana Bar Association at its 2025 Mid-Year conference in Accra issued a communiqué and demanded that President John Dramani Mahama revoke the suspension of the Chief Justice due to its unconstitutionality, under Article 146 (10)

Saviour Kudze, the PRO of the association in a further interview in Eyewitness News on April 29 stated that their demand is to ensure that the exercising of discretionary powers in such cases is not abused.

“There ought to have been regulations in the nature of a constitutional instrument or executive instrument before exercising such discretion because the essence is to govern how it is exercised so that it doesn’t get abused. So, we are saying that in the absence of such regulation, we are of the view that the president has not done well,” he stated.

But Speaking on TV3, on Tuesday, April 29, Justice Srem-Sai stated that calls by the GBA are untenable.

“If a group of lawyers meet at an event and decide that the best call they can make is that the president unmakes that which the constitution says should be private, be made public, what does that tell you? It tells you that it is a group who are trying to subvert the constitution.

“Do they need to go to law school to understand that when the constitution says something should be private, and a series of court decisions confirm that the process, including the petition, the conversation, and everything about it should be private?” he questioned.

Meanwhile, the Director of Legal Affairs for the National Democratic Congress, Edudzi Tamakloe, insists that the President acted within the law and did not err in suspending the Chief Justice.

“A prima facie determination is derived from the validity of the petition, and that duty, the terms of the constitution prevail on the chief justice, has been performed. There is nothing in the constitution that prevents the Council of State from performing that constitutionally imposed duty once the president has referred the petition to them. Any attempt to stop that process will be subverting the constitution,” he said.