The Ghana Bar Association (GBA) has responded to the suspension of Chief Justice Gertrude Torkornoo, urging strict adherence to constitutional processes and the rule of law.
In a statement issued on Thursday, the Association said its General Council has been monitoring the developments closely and emphasised the need for transparency, fairness, and respect for judicial independence throughout the proceedings.
According to the GBA, three formal petitions seeking the removal of the Chief Justice had been filed as of 27 March. In addition, two related cases are currently before the Supreme Court, both challenging the legality of the removal process and seeking injunctions.
The Bar Association cited Articles 146(6) to 146(10) of the 1992 Constitution, which govern the removal of a Chief Justice. These provisions require the formation of a five-member investigative committee, appointed by the President in consultation with the Council of State, to examine the petitions and make recommendations. The Constitution also allows for the suspension of the Chief Justice during the inquiry, provided it is done on the advice of the Council of State.
The GBA noted that such proceedings are to be conducted behind closed doors, and stressed the importance of discretion and procedural fairness. It referred to Article 296, which sets standards for the exercise of discretionary powers by public officials.
“It is expected that persons who play even the minutest role in this process will bear in mind Article 296… and will act in a manner that safeguards and enhances the independence and image of the Judiciary,” the statement read.
The Association also cautioned against actions that could undermine public trust in the judiciary, describing justice as a right of the people, administered under the leadership of the Chief Justice.
Reaffirming its commitment to upholding democratic principles, the GBA declared: “The GBA shall carry out its mandate to defend, strengthen and enhance confidence in the justice delivery system in Ghana. 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.”
The suspension of the Chief Justice marks a significant moment in Ghana’s democratic history, with legal and political observers closely watching how the matter unfolds.
Source:TheDotNews