… No fault, no blame, promises rule of law
The Ghana Bar Association (GBA), has signalled a notable departure from its historically combative and often politically charged posture in judicial matters, adopting instead a more measured and constitutional approach to the ongoing suspension of Chief Justice, Gertrude Sackey Torkornoo.
In contrast to elements within the governing New Patriotic Party (NPP), the GBA, has refrained from accusing President John Dramani Mahama or the Council of State of breaching the Constitution in handling the Chief Justice’s suspension.
This cautious and principled stance by the GBA, marks a significant shift in tone from past interventions.
It has prioritised constitutional fidelity over political expediency, promising to, “remain society’s conscience, the voice of the voiceless, and act to safeguard the Rule of Law and uphold the Constitution of the Republic, which embodies the wishes and aspirations of the people of Ghana”.
Justice Torkornoo, faces allegations of financial impropriety, controversial rulings, and administrative lapses.
Five petitions, have been lodged against Justice Torkornoo, with three already proceeding through the constitutional framework. These petitions formed the basis of President Mahama’s decision to suspend the Chief Justice, which was taken in consultation with the Council of State.
It is reported that the Council overwhelmingly supported the view that a prima facie case had been established, with former Chief Justice, Sophia Akuffo, being the sole dissenting voice.
Two additional petitions were recently received by the President and are understood to be undergoing preliminary scrutiny. Reports suggest that they have been forwarded to the suspended Chief Justice in accordance with due process.
In a statement dated Thursday, April 24, 2025, and signed by National President, Efuah Ghartey and National Secretary, Kwaku Gyáu Baffour, the GBA, reaffirmed its commitment to the rule of law and constitutionalism.
The Association, pledged to continue acting as the nation’s conscience, defending justice and the rights of the voiceless.
The statement noted that the GBA’s General Council, has been closely monitoring developments over the past two months, acknowledging the legal and constitutional complexity of the situation, especially in light of the ongoing court proceedings challenging the suspension process.
According to the Association, the process has raised significant legal and constitutional issues, especially in light of multiple petitions submitted and ongoing court challenges to the procedure.
It said, “Over the past two months, the General Council of the Ghana Bar Association (the GBA) has been closely monitoring developments in the process for the removal of the Chief Justice, which culminated in her suspension by His Excellency, the President of the Republic of Ghana.”
Per the Constitution, Code of Ethics and Regulations of the GBA, the Association concerns itself with matters affecting the legal profession, which include, but are not limited to: defending and upholding freedom and justice in Ghana, and maintaining the independence of the judiciary.
As of March 27, 2025, the General Council, confirmed that three petitions had been submitted, with two cases already before the Supreme Court challenging the removal procedure. Injunction applications, had also been filed in an attempt to halt the process.
Citing Article 146 of the 1992 Constitution, the GBA, outlined the mandated steps for removing a Chief Justice, including the formation of a five-member investigative committee by the President, in consultation with the Council of State.
This committee is to comprise two Supreme Court Justices—one of whom shall chair the committee—and three individuals who are neither Members of Parliament, members of the Council of State, nor practising lawyers.
The Association further referenced clauses (8) to (10) of Article 146, which stipulate that the committee’s hearings must be conducted in camera, and that the President, guided by the Council of State’s advice, holds the authority to suspend the Chief Justice.
“The GBA recognises the constitutional prescriptions for the removal of the Chief Justice under Article 146 (6) to (10),” the statement read. “Mindful of the sub judice nature of the matter, it is our hope that all involved will be guided by the time-tested tenets of the Rule of Law and the Spirit of the Law in their conduct.”
The GBA urged all actors in the process to observe Article 296 of the Constitution, which governs the exercise of discretionary power, to ensure that their actions protect the independence and integrity of the judiciary.
“Justice emanates from the people of Ghana and is administered by the Judiciary, led by the Chief Justice,” the statement concluded. “The GBA shall carry out its mandate to defend, strengthen, and enhance public confidence in Ghana’s justice delivery system, while upholding the Constitution and acting as the voice of the voiceless.”