CJ Suspension: GBA Demanding Clear Breach of Constitution – Kwakye Ofosu

Felix Kwakye Ofosu, Minister of State in charge of Government Communications, has strongly criticised the Ghana Bar Association (GBA) for what he describes as an appeal that contradicts the 1992 Constitution. He claims the GBA is essentially requesting a blatant constitutional violation by urging the reinstatement of suspended Chief Justice Gertrude Torkornoo.

Speaking on JoyNews’ Top Story on Monday, June 30, Mr. Ofosu labelled the GBA’s request, made during the commemoration of the murdered High Court judges, as both “unconstitutional” and “unexpected” from such a respected legal body.

“It’s shocking that the Ghana Bar Association would advocate for a deliberate and obvious breach of the Constitution just because of the individual involved,” he said.

Mr. Ofosu emphasised that the legal process initiated in line with the Constitution should not be disregarded due to personal sentiment or the status of the person involved.

“How can it be justifiable to suggest that constitutional procedures be ignored simply because of someone’s position? That undermines the rule of law,” he asserted.

He further argued that the GBA’s position contradicts its own principles and could damage the legal framework it is meant to uphold.

“The GBA’s repeated calls are inconsistent with their role. They are, in effect, asking justice to abandon impartiality because of who is affected,” he added.

Addressing comparisons drawn between the current case and the 1982 judicial murders, Mr. Ofosu condemned such analogies as an inappropriate use of a solemn occasion for emotional effect.

He stated, “When due process applies to all citizens regardless of rank, it marks a milestone for good governance.”

Kwakye Ofosu insisted that President John Mahama has strictly followed constitutional procedures in suspending the Chief Justice, based on a prima facie case established through Article 146 mechanisms.

Justice Gertrude Torkornoo was suspended following petitions and the establishment of grounds for investigation. While this move has stirred debate, with calls from civil society and legal bodies like the GBA for restraint, the government maintains the action is fully constitutional and necessary to preserve legal integrity.