A member of National Democratic Congress’ Legal Team, Victor Adawudu, has termed as biased and wrong, the call by the Ghana Bar Association (GBA) for President John Dramani Mahama to revoke the suspension of the Chief Justice, Gertrude Torkornoo.

He accused the association of demonstrating a clear bias in the resolution they issued at their 2025 Mid-Year conference in Accra.

The GBA, through a communiqué, has demanded that President John Dramani Mahama revoke the suspension of the Chief Justice due to its unconstitutionality, under Article 146 (10).

Speaking to Channel One TV, on April 29, 2025, Victor Adawudu expressed surprise at the GBA over its sudden reaction to the issue of the suspension of Chief Justice Gertrude Torkornoo.

“It is interesting and amazing that the GBA has found their voice under this government and now they can speak; compared to the past government when they were mute," he said.

He argued that the position of the GBA suggests that the provision is something new that the Mahama-led government is trying to add to the 1992 Constitution.

“Even as a member of GBA, I disagree with some of the things they’ve said. They are behaving as if Article 146 is a new provision that has been inserted by President Mahama or the NDC government.

“This has been part of the 1992 Constitution. It has been there and this procedure has been tested. It is not as if it is being tested during the time of Her Ladyship Chief Justice Torkornoo…" he added.

He explained that there is an existing precedent regarding the provision which is rooted in law.

“… if a procedure has been established by the law and the law has given the president a constitutional right to exercise, you [don’t] come and say that you think the procedure is not [apt] so anybody can say that it is wrong.

“If GBA thinks that the procedure that has been tested and there is a case that has pronounced on article 146 - that is Agyei Twum v Attorney General - and they are saying that something different should be done, I think that they have gotten it wrong,” he fumed.

He added that the GBA’s posture clearly shows that they are bias.

“It shows how biased they are; their judgement has been coloured. So, I disagree with them…

“This procedure has been there since the year 2000. Chief Justice Acquah has gone through that procedure; Chief Justice Woode has gone through it where the Council of State is involved - and even in that case, the court knowing very well that 146 is the procedure, even said that the Council of State at the time when they will have to offer the advice in conjunction with the president, should have the benefit of a reputable lawyer and that the Council of State itself should come up with a convention to be able to determine it…,” he said.

Adawudu also stated that attempts by the GBA to arrogate interpretation powers to themselves in the matter is misplaced.

“Why did the Supreme Court at the time not say that Article 296(c), which deals with discretion being exercised by the authority or administrative tribunals or anybody that has an adjudicating power should be looked at? Why didn’t the court interpret it? Why does the GBA think they can arrogate to themselves the power to interpret that?

“The GBA has no power like that to say that the president in exercising his constitutional right should go and revoke it. They’ve got it wrong, and this is lawlessness and unconstitutional - and they must be told in no uncertain terms that they’ve gotten it wrong,” Victor Adawudu stated.

VPO/AE

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