)
)
The Ghana Bar Association (GBA) has finally responded to President John Mahama’s decision to suspend the Chief Justice, Her Ladyship Justice Gertrude Esaaba Sackey Torkornoo.
The Chief Justice was suspended on Tuesday, 22nd April, in accordance with Article 146(6) of the 1992 Constitution.
The decision followed consultations between the President and the Council of State, after the establishment of a prima facie case arising from three separate petitions submitted against her.
)
)
)
)
The suspension has since sparked widespread public debate, with the opposition New Patriotic Party (NPP) criticising the move as an attack on the Judiciary.
ALSO READ: FIC reportedly probes McDan Group over alleged money laundering, demands records
In a statement dated 24th April and signed by its National President, Efua Ghartey, the GBA acknowledged the existence of the petitions seeking the removal of the Chief Justice and referenced the relevant provisions of Article 146(6) and (7) of the Constitution.
The association also acknowledged the constitutional process for the establishment of an investigative committee to probe the petitions, stating:
The GBA also notes the provisions of Article 146(8), (9) and (10), which indicate that the sittings of the Committee shall be held in camera and that the President, acting in accordance with the advice of the Council of State, may suspend the Chief Justice.
)
The GBA therefore called on all parties to uphold the rule of law and allow due process to take its course:
While the GBA recognises the constitutional prescriptions for the removal of the Chief Justice under Article 146(6) to (10) of the Constitution, and is mindful of the fact that the matter is currently sub judice, it is the hope and belief of the GBA that all actors involved in the process will be guided by the time-tested tenets of the Rule of Law and, in its application, follow the spirit of the law.
The statement continued:
)
It is expected that persons who play even the most minor role in this process will bear in mind Article 296 of the 1992 Constitution, which governs the exercise of discretion, and will act in a manner that safeguards and enhances the independence and image of the Judiciary. Justice emanates from the good people of Ghana and is administered by the Judiciary, headed by the Chief Justice.
ALSO READ: TTH: Health Minister snubs calls for apology, urges doctors to call off strike
The GBA reaffirmed its commitment to carrying out its mandate to defend, strengthen, and enhance public confidence in Ghana’s justice delivery system.
)
)