…..Faults Mahama
The Ghana Bar Association (GBA), has called on President John Dramani Mahama, to revoke Chief Justice Gertrude Araba Sackey Torkornoo’s suspension, describing the decision as unconstitutional and lacking a proper legal basis. However, the call has drawn criticism.
The demand was part of a resolution passed at a hurriedly organised GBA 2025 Mid-Year Conference held at the Labadi Beach Hotel in Accra on Saturday, April 26, 2025, in which it fled from its earlier position on the petitions against the Chief Justice, the establishment of a prima facie case against her, and her eventual suspension pending the probe to be led by Justice Gabriel Scott Pwamang.
In a matter of days, the lawyers’ union, has issued the second statement on the Chief Justice’s suspension.
An earlier statement dated Thursday, April 24, 2025, indicated that the lawyer’s body was not taking sides in the matter.
The second statement, signed by the same GBA National President, Efua Ghartey and National Secretary Kwaku Gyau Baffour, had them now faulting President Mahama in the Chief Justice’s eventual suspension.
“…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,” the resolution stated.
Notably, the same GBA, did not demand an explanation from ex-President Nana Akufo-Addo, when he threw out Prof Kweku Azar’s petition against Chief Justice Torkonoo.
But private legal practitioner, Abraham Amaliba, has criticised the GBA, suggesting it is acting in the interest of the New Patriotic Party (NPP) following its recent comments on the suspension of Chief Justice Torkonoo.
President John Mahama, suspended the Chief Justice on April 22, 2025, invoking Article 146(6) of the 1992 Constitution after a prima facie case was established based on three separate petitions submitted against her.
The suspension, followed consultations with the Council of State, as required by the constitution.
The Association, had argued that President Mahama, not being a judicial officer, acted outside the scope of his constitutional powers in suspending the Chief Justice.
According to the GBA, the action violates Article 146(10) of the 1992 Constitution, as it was taken in the absence of a published Constitutional Instrument, Statutory Instrument, or any regulation that would lawfully govern such a suspension. The Bar further cited Article 296 of the Constitution, which requires the exercise of discretionary power to be guided by clear legal frameworks.
In its formal communiqué, the GBA, also urged the Acting Chief Justice, Justice Paul Baffoe-Bonnie, to withdraw a recent administrative directive regarding the assignment of courts and scheduling newly filed cases.
This is the means through which some lawyers have been shopping for preferred judges to sit on the cases for an expected outcome, and Justice Paul Baffoe-Bonnie appears to be correcting that anomaly.
The Association, expressed concern over the directive’s lack of clarity and called for enhanced use of technology to improve efficiency and transparency in case management.
The GBA, went further to request the immediate publication of the full decision that established a prima facie case against Chief Justice Torkornoo. It stressed that public disclosure is vital to maintaining fairness and transparency in any proceedings involving high-ranking judicial officers.
In a strongly worded statement, the Association condemned any prejudicial political commentary aimed at undermining the Judiciary’s independence. It pledged to take all necessary legal steps to protect the dignity and autonomy of the judicial system from political interference and unfounded attacks.
The GBA, also used the occasion to pass several resolutions on pressing national issues. These included an urgent call for decisive action against illegal mining (galamsey), which it described as a grave environmental and public health threat. It also backed ongoing mediation efforts to resolve the protracted Bawku conflict and called for the speedy resolution of the unresolved parliamentary election in Ablekuma North.
Interestingly, the same GBA, remained deaf to the political and constitutional controversy surrounding theexclusion of the people of the Santrokofi, Akpafu, Likpe, and Lolobi (SALL)traditional areas from voting in the 2020 parliamentary elections, despite being able to vote in the presidential elections. This situation raised significant concerns aboutdisenfranchisement, constitutional rights, and electoral mismanagement.
“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,” part of the resolution reads.
The association also demanded that President Mahama immediately release details of the prima facie case determination by the President and the Council of State.
“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,” it said.
Furthermore, the GBA demanded the withdrawal of a directive from the Acting Chief Justice, Justice Paul Baffoe-Bonnie, concerning the assignment of courts and the fixing of dates for newly filed cases and applications.
However, speaking on Morning Starr with Naa Dedei Tettey, Mr Amaliba, expressed disappointment in the GBA’s position, accusing it of abandoning its impartial role in national matters.
He added that the Bar, has historically been critical only when the National Democratic Congress (NDC) is in power, implying that the current stance reflects political bias.
Mr Amaliba, further questioned the inconsistency in the Association’s messaging.
He said, the Association, urged members to exercise patience and keenly monitor the process.
He said, “I described that statement as one of the most forward-looking statements in the last 20 years of the Bar Association’s history, because for the first time you saw a bar that is not taking sides, you saw a bar that is sticking to the rules and you saw a bar that is restraining lawyers from making comments that would detract from the process. So I described it as one of the forward-looking, but now this is a case of what I would term as habits once cultivated are difficult to discard. Don’t forget that a bar is always critical when the NDC is in power and I thought that the earlier statement meant that they had shed off that accolade not knowing that they will come back to their former selves.”
“This is a case of a bar that wants to continue in its habits so I am not surprised but I thought that it would have departed from that line of behavior. If you look at their resolution they seem not to be talking about law. I’ve not seen them quote any provision in the law that stipulates that the president has violated the provisions of the Constitution and so you can see a bar that is under pressure to do the bidding of the NPP and so but I’m happy the bar is becoming a more bond association so their comments no longer carry weight so I’m not bored.”
Mr Amaliba added, “Yes so I’m also making these comments from what is available within the public domain which is that they are urging President Mahama to do this and that. When in their earlier statement, they asked all of us to await the final outcome. Now the question is what has changed such that we no longer want to wait for the final outcome. It betrays their mindset. It puts them in bad light. It makes them look you know an association that can be tossed around so after the bar it’s no longer an association that speaks for the voiceless so once it is no longer that way I have shut my ears at whatever they do.”