The Ghana Bar Association (GBA) has issued a formal statement on the unfolding constitutional process surrounding the suspension of the Chief Justice, expressing hope that all stakeholders will uphold the “rule of law, due process, and the integrity of Ghana’s judicial system.”
The GBA’s statement comes in the wake of petitions and legal challenges tied to the potential removal of the Chief Justice, a process that has already culminated in a presidential suspension pending further proceedings.
“The GBA is mindful of the provisions of Article 146 (6) and (7) of our 1992 Constitution,” the statement read, citing the legal framework that outlines the role of the President, Council of State, and a special five-member committee in investigating the merits of any such petition.
“Where the Petition is for the removal of the Chief Justice, the President shall, acting in consultation with the Council of State, appoint a committee consisting of two Justices of the Supreme Court… and three other persons who are not members of the Council of State, nor members of Parliament, nor Lawyers”
Ghana Bar Association
The GBA expressed acknowledgement of President John Dramani Mahama’s observance of due process on the petition of the Chief Justice’s removal as enshrined in the constitution of the Republic of Ghana.
The Association’s General Council revealed that as of March 27, 2025, three formal petitions had been filed seeking the removal of the Chief Justice, alongside two cases brought before the Supreme Court challenging the legality of the ongoing removal process.
The GBA reminded the public and state actors that the said committee “operates in-camera,” and that any suspension of the Chief Justice must be done in accordance with constitutional guidance from Article 146 (8), (9), and (10).
Spirit of the Law
While acknowledging the legitimacy of the process as prescribed by the Constitution, the Association emphasized the need for actors involved in the matter to operate with judicial restraint and moral clarity.
“It is the hope and belief of the GBA that the actors involved – would have the time tested tenets of the Rule of Law as their guiding principles and in its application, follow the Spirit of the Law”
Ghana Bar Association
The Association further urged all participants to observe Article 296 of the Constitution, which governs the exercise of discretionary powers, warning that even minor decisions can carry significant implications for judicial independence.
“Justice emanates from the good people of Ghana and is administered by the Judiciary headed by the Chief Justice,” the statement said, highlighting the Bar’s expectation of all actors to safeguard and enhance the independence and image of the judiciary.
Defending Judicial Integrity
The Ghana Bar Association reaffirmed its core mandate to defend the justice delivery system and remain a watchdog over the nation’s democratic and legal institutions.
With the Chief Justice currently suspended, the GBA has taken a clear position that it will not retreat from its duty to ensure constitutional adherence.
“Per the Constitution, Code of Ethics and Regulations of the GBA, the GBA concerns itself with matters affecting the Legal Profession, which include but not limited to: defending and upholding Freedom and Justice in Ghana, and the maintenance of the independence of the Judiciary”
Ghana Bar Association
GBA National President Mrs. Efua Ghariey and National Secretary Kwaku Gyau Baffour signed the statement, which concluded with a powerful reminder of the Association’s role in public life.
“The GBA shall remain the conscience of society, 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”
Ghana Bar Association
Mindful of the fact that presently, “the entire matter is sub judice,” the GBA hopes and believes that the actors involved would conduct themselves responsibly.
As the legal and constitutional questions continue to unfold, all eyes remain on the judiciary and executive for a resolution that preserves the credibility of the justice system in Ghana’s Fourth Republic, whatever the outcome of the petition to remove Chief Justice Gertrude Torkornoo might be.
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