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Chief Justice removal process: GBA urges respect for Rule of Law

MyPublisher24 by MyPublisher24
April 24, 2025
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The Ghana Bar Association (GBA) has issued a measured and firm call for adherence to constitutional procedures and the principles of the rule of law in response to the ongoing process for the removal of the Chief Justice Gertrude Torkornoo.

In a statement issued on Wednesday, April 24, and signed by GBA National President Mrs. Efua Ghartey and National Secretary Mr. Kwaku Gyau Baffour, the Association said it has been closely monitoring developments over the past two months, culminating in the recent suspension of the Chief Justice by President John Mahama.

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The GBA emphasised that it remains committed to its core mandate of defending and upholding freedom, justice, and the independence of the judiciary. “Per the Constitution, Code of Ethics and Regulations of the GBA, the GBA concerns itself with matters affecting the legal profession,” the statement noted.

As of March 27, 2025, the General Council of the GBA reported that three separate petitions had been submitted for the removal of the Chief Justice, and two legal actions had been filed at the Supreme Court challenging the constitutionality of the process, including applications for injunctions.

Citing Article 146 (6) to (10) of the 1992 Constitution, the Association acknowledged the President’s authority—acting in consultation with the Council of State—to appoint a committee to investigate such petitions and, if necessary, suspend the Chief Justice pending the outcome. The GBA reiterated that the process is legally grounded and that the committee’s proceedings must be held in camera, as required by law.

“While the GBA recognises the constitutional prescriptions for the removal of the Chief Justice… and mindful of the fact that presently, the entire matter is sub judice, it is the hope and belief of the GBA that the actors involved… would have the time-tested tenets of the Rule of Law as their guiding principles,” the Association stated.

The GBA further reminded all persons involved, directly or indirectly, to be guided by Article 296 of the Constitution, which calls for the exercise of discretion in a fair, candid, and non-arbitrary manner.

“Justice emanates from the good people of Ghana and is administered by the Judiciary headed by the Chief Justice,” the GBA underscored, calling for actions that protect and enhance public confidence in the justice system.

The GBA reaffirmed its role in national life, saying it 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.”

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