According to him, the GBA leadership did not obtain the mandate of the members of the Association before taking the action on behalf of the Association.
Mr Mathias Kwasi Yakah, a lawyer, has called on the Ghana Bar Association’s (GBA) to withdraw its suit before the Supreme Court which among others is challenging the President’s appointment of two Supreme Court judges.
He said the GBA leadership did not obtain the mandate of the members of the Association before taking the action on behalf of the Association.
“The honourable thing to do is to withdraw the suit to save the entire membership a historic embarrassment,”he said.
He said though the leadership has the authority to defend any action brought against the Association, in order to initiate a suit on behalf of the Association, they needed the mandate through a resolution carried at an emergency or general meeting of the Association.
“The suit would not see the light of day. It would be delivered still born because its conception and gestation were severely faulted,” he said, adding that, “it is surprising how the leadership slept on their watch; they were indolent and they had the opportunity to kill any mischief if indeed there was one”.
Mr Yakah said “they slept whilst Parliament published the particulars, for the benefit of those who had objections to the appointment of the Judges; they slept while the vetting process began and were still asleep when Parliament debated and endorsed them; and even more seriously, they failed to wake up to the fact that the President had sworn them as Supreme Court Judges.”
He congratulated Justice Yaw Apau and Justice Gabriel Scott Pwamang on their elevation to the highest court of the land.
“Justice Apau’s knowledge of the law and moral integrity is not in doubt. His track record on the bench is there for all to see. His handling of the task of the Sole Commission on judgment debts is memorable.”
Mr Yakah said “Justice Scott Pwamang has distinguished himself in private practice and in national assignments including being a member of the Constitutional Review Commission.
He asked the leadership of the GBA to be seen to be playing a more vibrant role in matters affecting the delivery of justice and the under-privileged.
“I expect them to be looking at issues such as the astronomical increase in court fees and the rights of the accused in criminal trials.”
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