Private legal practitioner Alfred Paapa Darkwah has criticised the Ghana Bar Association (GBA) for urging President John Dramani Mahama to revoke the suspension of the Chief Justice despite advice from the Council of State.
Speaking on the GBA conference, Darkwah described the GBA’s stance as “deeply unfortunate,” adding that it undermines the constitutional framework that guides presidential action.
“The president was acting upon the advice of the Council of State. What it actually means is that it was based on the advice of the Council of State.
“So the GBA as an organization cannot come and make a point that the president should ignore the advice of the Council of State”
Alfred Paapa Darkwah, Private Legal Practitioner
The controversy centres around the recent suspension of Ghana’s Chief Justice, which President Mahama enacted based on a formal recommendation from the Council of State. In recent response, the GBA called for the revocation of that suspension, a move that has drawn condemnation from several quarters.
Darkwah insisted that the GBA’s statement effectively encourages the president to act outside constitutional bounds. “That is actually what the GBA is saying, that the president should ignore the advice of the Council of State.”
He expressed concern that such a position sends the wrong signal about the association’s commitment to the legal process, particularly given the ongoing judicial proceedings surrounding the case.
Processes Undermined
Darkwah pointed out that an application challenging the Chief Justice’s suspension is currently pending before the Supreme Court, and cautioned against public commentary that could prejudice the matter.
“I stand to be corrected, but there is actually an application which was filed by Vincent Assafua on that matter”
Alfred Paapa Darkwah, Private Legal Practitioner
He highlighted the inconsistency of the GBA’s actions, noting that it had previously cautioned members against making statements on the matter because it was sub judice.
“Just a few days after, knowing very well that this matter is sub judice, the GBA comes out to flout its own directive and makes the point that the president should revoke the suspension”
Alfred Paapa Darkwah, Private Legal Practitioner
Darkwah described this shift as contradictory and damaging to the GBA’s credibility, warning that it could prejudice the outcome of the case before the Supreme Court.
GBA Denies Targeting Suspension
In defence of the Association’s actions, GBA Public Relations Officer Saviour Kudze clarified that the mini conference where the resolution was adopted had been scheduled weeks prior and was not organised solely to discuss the Chief Justice’s suspension.
“If I recall, we had a media conference in 2022, where we reviewed our scale of things. So it’s a regular thing that we do. It’s actually supposed to be an annual affair”
Saviour Kudze, GBA Public Relations Officer
He explained that multiple issues were discussed during the meeting, not just the matter involving the Chief Justice.
“If it was organized just for this, I believe the community or the resolutions we came up with wouldn’t have been in respect of other subject matters”
Saviour Kudze, GBA Public Relations Officer
According to Kudze, decisions made at the conference reflect the collective position of those present, even if not all members were in agreement.
“Just like any meeting that a group of people attend, when you go, many people will have various different views but at the end of the day, the position of the majority is what you go by”
Saviour Kudze, GBA Public Relations Officer
Questions have also been raised about the number of participants at the conference, with Kudze confirming that although over 200 people registered, attendance dwindled due to rainfall during the resolution process.
As legal and political tensions surrounding the Chief Justice’s suspension escalate, pressure continues to mount on both the Presidency and the GBA to navigate the matter within constitutional and ethical boundaries.
President Mahama has remained silent on the GBA’s statement, but his spokesperson has reiterated that all decisions taken so far have adhered to due process.
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