By Mavis Paintsil, Accra
The Ghana Bar Association (GBA) has asked that the suspension of Chief Justice Gertrude Torkornoo by the President should be withdrawn.
According to the GBA, it will take legal action if the directive is not revoked.
This is following a National Executive Council resolution at the recent mid-year conference of the GBA, where it declared the suspension unconstitutional.
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Attached below is a copy of the communique issued by the GBA on the issue.
EMPHASISING the key role the legal profession plays in national development, and in the administration of justice;
CONSCIOUS of the overreaching goal of ensuring the continued respect for the rule of law and strengthening the legal. frameworks that govern our institutions of state;
AND IN FURTHERANCE of the theme for this Mid-Year Conference of the Bar “Expanding the Role of the Legal Professional in National Development: Positioning the GBA as the Fulcrum”
HEREBY RESOLVE AND DECLARE AS FOLLOWS.
MATTERS AFFECTING THE LEGAL PROFESSION
1. WITHDRAWAL OF DIRECTIVE ON ASSIGNMENT OF COURTS AND FIXING OF DATES FOR NEWLY FILED CASES AND APPLICATIONS
Recognizing that the directive by His Lordship, the Acting Chief Justice on the assignment of cases by his office is uncertain and having regard to the importance of technology and the urgency of justice delivery, the Ghana Bar Association respectfully requests that this directive be withdrawn and the use of technology in the assignment of cases to the courts enhanced.
2. SUSPENSION OF THE CHIEF JUSTICE
A. REVOCATION OF SUSPENSION
The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional, considering the fact that the President who is not a judge or judicial officer exercised his discretion to suspend the Chief Justice under Article 146(10) of the 1992 Constitution in the absence of a published Constitutional Instrument, Statutory Instrument or Regulation(s) governing the exercise of his said discretion as required by Article 296 of the 1992 Constitution.
B. ENACTMENT OF REGULATIONS
The Ghana Bar Association hereby also calls for the immediate enactment of clear and comprehensive Regulations relating to matters under Article 146 of the Constitution of the Republic of Ghana to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices, particularly in the context of the impeachment or removal of such officers.
C. RELEASE OF DECISION ON PRIMA FACIE CASE
In addition, the Ghana Bar Association calls upon the President of the Republic of Ghana to immediately release the full decision establishing a prima facie case against the Chief Justice, consistent with established precedent. This disclosure is necessary to ensure that the process is conducted in accordance with the principles of transparency and fairness.
D. DENUNCIATION OF PREJUDICIAL COMMENTS
Furthermore, the Ghana Bar Association denounces any and all unsubstantiated political commentary or statements that seek to undermine the authority, independence, and integrity of the Judiciary. The Association affirms its commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks.
MATTER(S) AFFECTING THE NATION
3. GALAMSEY AND DESTRUCTION OF THE ENVIRONMENT
Acknowledging the grave threat that illegal mining activities (“galamsey”) pose to Ghana’s environment, water bodies, farmlands, and public health, the Ghana Bar Association.
- Unequivocally condemns the ongoing galamsey activities across the country and calls for immediate, decisive, and sustained action by all arms of government, law enforcement agencies, and relevant stakeholders to eradicate the menace.
- Urges the Judiciary to prioritize and expedite the hearing of galamsey- related cases, ensuring that offenders are held accountable in accordance with the law, without fear or favour.
. THE BAWKU CONFLICT
The Ghana Bar Association, noting with deep concern the conflict in Bawku, and recognizing its devastating impact on lives, property, and national cohesion, hereby resolves as follows:
- Commends the urgent and genuine mediation efforts in the Bawku conflict, emphasizing the importance of peace, dialogue, and national unity.
- Supports the involvement of eminent chiefs across Ghana, whose wisdom, neutrality, and traditional authority are critical in fostering reconciliation and lasting peace.
- Calls for strong and unwavering support for the Asantehene, Otumfuo Osei Tutu II, and all traditional authorities engaged in the mediation process, and urges all parties to cooperate fully and respect the outcomes of mediation efforts aimed at restoring peace to Bawku.
- Commits to using its voice and platform to advocate for a peaceful resolution and will support any constitutional and legal measures necessary to secure enduring peace in Bawku.
UNRESOLVED ABLEKUMA NORTH PARLIAMENTARY ELECTIONS
The Ghana Bar Association
- Notes with concern the lack of parliamentary representation for the people of Ablekuma North, despite their active participation in the 7 December 2024 elections.
- Calls on the Electoral Commission, the 2024 Election Security Task Force, particularly, the Ghana Police Service, and other relevant authorities to take immediate and necessary steps to resolve the situation by completing the collation process and declaring the results of the parliamentary elections so as to uphold the democratic rights of the people of Ablekuma North.
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