The Ghana Bar Association (GBA) has demanded that President John Mahama promptly reverses the suspension of Chief Justice Gertrude Torkornoo, insisting the action breaches the Constitution due to the lack of formally established regulations governing such presidential decisions.

The Association’s stance was made clear in a statement dated April 26, signed by its President, Efua Ghartey, which criticised the legal basis for the suspension.

“The President exercised discretionary powers under Article 146(10) without the required Constitutional Instrument or published regulations as mandated by Article 296. This omission renders the suspension unlawful,” the statement read.

The suspension, which was announced on April 22, came after President Mahama established a committee to investigate petitions against the Chief Justice. A statement from the Presidency indicated that the move was in line with constitutional provisions and followed consultations with the Council of State.

However, during its Mid-Year Conference held in Accra, the GBA passed a resolution questioning the legality of the suspension and calling for three key actions: the revocation of the suspension, the creation of proper regulations for handling judicial disciplinary processes, and full disclosure of the prima facie evidence that led to the Chief Justice’s suspension.

“Transparency cannot be sacrificed at the altar of expediency,” the resolution noted.

The GBA cautioned that failing to publish regulations, as required under Article 296, undermines judicial independence and warned that ignoring this constitutional requirement sets “a dangerous precedent for judicial accountability.”

“The Judiciary's independence hinges on strict adherence to constitutional processes,” the GBA stressed.

GBA ResolutionsDownload