General News of Wednesday, 30 April 2025
Source: www.ghanaweb.com
The Ghana Bar Association (GBA) has intensified its opposition to President John Mahama’s suspension of Chief Justice Gertrude Torkornoo, stating that legal action might be taken if the decision is not overturned.
This firm position comes after the GBA’s National Executive Council convened for a mid-year conference, ultimately declaring the suspension to be unconstitutional.
The association has expressed concerns over the implications of such actions on the rule of law and the balance of power between the executive and judiciary.
During an interview on Joy FM’s Top Story on April 28, 2025, Saviour Kudze, the Public Relations Officer of the GBA, emphasised the importance of creating legal clarity around executive decisions involving judicial officers.
He also emphasised the necessity of setting a precedent to ensure that future actions are guided by well-defined legal principles.
Kudze further explained that the Association’s planned legal challenge would seek a judicial interpretation of the constitutional framework governing executive authority.
This move, he said, aims to curb any misuse of discretionary powers and protect the independence of the judiciary.
When asked if the association was going to head to court or if it was just for ‘talk’, he responded, “That is a possibility because once it is about the constitution or law, that is a possibility. Going forward, there must be clear guidelines as to how these things ought to be done. So, that’s a possibility to have the court interpret that for us.”
The GBA, according to him, remains steadfast in its view that President Mahama’s actions violate Article 296 of the 1992 Constitution, which mandates the establishment and publication of regulations to guide the application of discretionary powers.
The GBA contends that the lack of established regulations makes the suspension legally invalid.
VKB/AE
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