The Deputy Attorney General, Justice Srem Sai, has criticised the Ghana Bar Association’s (GBA) resolution, calling for the reversal of Chief Justice Gertrude Torkornoo’s suspension, labeling it legally meaningless.

Speaking on JoyNews’ PM Express on April 29, 2025, Justice Sai argued that the GBA overstepped its legal bounds by describing the president’s suspension of the CJ as unconstitutional.

He argued that legal decisions are not determined by majority opinion and questioned the legitimacy of a resolution passed by just 45 GBA members being presented as the stance of an association of over 5,000 lawyers.

“Law is not democracy, so that when 10,000 people say this is the law, this is the meaning of the law, and one person says this is not the meaning of the law, then the 10,000 will win. It doesn’t work that way,” Justice Sai added.

Sai also highlighted that the GBA’s resolution contradicts established judicial precedent, noting that a Supreme Court decision already exists on the matter.

“To expect a resolution to take precedence over the binding constitution is unimaginable in an assembly of lawyers,” he said.

He also criticised the GBA’s demand for President John Mahama to publish details of the prima facie determination against the Chief Justice, calling it a direct violation of the constitution.

Justice Sai pointed to three court decisions affirming the confidentiality of such proceedings, stating, “The constitution commands that the process should not be public.”

The Deputy Attorney General stressed that law relies on legal reasoning and precedent, not popular opinion, and warned that the GBA’s position undermines constitutional principles.

His comments come amid growing tensions in the legal community over the Chief Justice’s suspension by President John Dramani Mahama on April 22, 2025, following petitions alleging misconduct and incompetence.

GA/AE

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