Former Deputy Energy Minister and lawyer, Andrew Egyapa Mercer, has thrown his support behind the Ghana Bar Association’s (GBA) call for President John Mahama to publish the necessary regulations governing the suspension of Chief Justice Gertrude Torkornoo.
Mercer criticized the current suspension as unconstitutional.
During an appearance on JoyNews’ Newsfile on Saturday, the New Patriotic Party (NPP) member argued that President Mahama’s decision to suspend the Chief Justice without first establishing and publishing the required rules violates Article 296 of the 1992 Constitution.
He emphasized that the constitutional mandate to publish such regulations is not optional.
“It’s a binding provision,” he said. “This doesn’t fall under the usual administrative actions considered in Ransford France. This situation is distinct and requires specific rules to be in place.”
At its Mid-Year Conference in Accra, the GBA passed a resolution declaring the suspension of the Chief Justice procedurally incorrect.
“The President used discretionary power under Article 146(10) without adhering to the constitutional requirement of a Constitutional Instrument or published regulations under Article 296. This failure makes the suspension invalid,” the GBA said in its April 26 statement.
Mercer echoed this position.
“The President’s actions contravene Article 296. He must correct this violation,” Mercer stated on JoyNews.
His comments reflect the GBA’s position that President Mahama’s action was legally flawed due to the lack of established procedural regulations.
