Deputy Attorney General, Justice Srem Sai, issued a sharp rebuke to the Ghana Bar Association (GBA) on Tuesday, criticizing the group’s resolution calling for the reinstatement of the suspended Chief Justice and dismissing it as legally inconsequential.
Speaking during an interview on Joy News’ PM Express, Mr. Srem Sai challenged the legitimacy of the GBA’s actions, suggesting the association had overstepped its authority and encroached upon settled legal terrain. “Law is not democracy,” he said. “Ten thousand people saying something is the law does not make it so.”
The GBA had passed a resolution urging the reversal of directives issued by the Acting Chief Justice, following the suspension of the substantive officeholder. But Mr. Srem Sai was quick to underscore the non-binding nature of the move, particularly in light of prior Supreme Court rulings on the matter.
Citing judicial precedent, the Deputy Attorney General warned that the Bar’s resolution sought to override a binding constitutional process—something he described as fundamentally flawed. “There is already a decision on this matter,” he said. “To pass a resolution on something the Supreme Court has already ruled on—and expect it to prevail—is inconceivable in an assembly of lawyers.”
The Deputy AG also raised concerns over the manner in which the resolution was adopted, noting that it emerged from a vote of only 45 individuals—far short of the GBA’s total membership of more than 5,000. “That such a limited gathering would presume to speak for the entire Association should have given someone pause before it was printed on GBA letterhead,” he said.
His comments reflect broader unease within the legal community over the GBA’s posture in the unfolding judicial crisis, which has prompted widespread debate over legal transparency and the boundaries of professional advocacy.
The resolution further called on President Nana Akufo-Addo to disclose details of the prima facie determination that led to the Chief Justice’s suspension. Mr. Srem Sai dismissed that demand as unconstitutional, citing multiple judicial pronouncements that require confidentiality in such proceedings.
“One point in the resolution says the President should publish the prima facie decision,” he noted, “when we all know the Constitution commands that the process remain confidential.” He cited at least three court decisions affirming this interpretation. “Not the petition, not the discussion around it, not the process—none of it should be made public.”
While acknowledging the GBA’s historical role in defending judicial integrity, Mr. Srem Sai warned that the Association’s recent actions risk undermining the very rule of law it purports to uphold. “Law is backed by careful reasoning and precedent—not sentiment or popular opinion,” he said.
Source:TheDotNews