Legal action threat over CJ's suspension
Publish date: 05 May 2025
Issue Number: 1124
Diary: IBA Legalbrief Africa
Category: Ghana
The Ghana Bar Association (GBA) has escalated its opposition to President John Mahama’s suspension of Chief Justice Gertrude Torkornoo, warning of imminent legal action if the directive is not revoked. According to My Joy Online, the GBA’s stance comes after its national executive council released resolutions from its recent mid-year conference, where it declared the suspension unconstitutional. GBA public relations officer Saviour Kudze stressed the need for clarity in the legal process. He said the legal move was crucial to establish clear guidelines for the future. He explained that the potential court action would seek judicial interpretation to prevent the arbitrary use of executive power in such matters. The association maintains that Mahama’s suspension of the Chief Justice violates Article 296 of the 1992 Constitution, which requires published regulations for the exercise of discretionary powers. The GBA argues that the absence of such rules renders the suspension unlawful. But the Deputy Attorney-General, Justice Srem Sai, said: ‘We are convinced that our position is the right one. We don't know whether the GBA will gather the confidence and courage to proceed to court on something like this.’ He explained that the failure or inability to publish the regulations does not prevent the President from exercising his discretion.
Meanwhile, Accra is bracing for political upheaval today as the New Patriotic Party (NPP) and a coalition of allied political forces take to the streets in a protest against what they call a 'politically engineered assault' on Ghana’s judiciary. According to the My Joy Online, the NPP and its allies said Torkornoo's suspension reeks of political interference and sets Ghana on a dangerous path of eroding judicial independence. 'This is not just about one judge. It’s about the soul of our democracy,' declared NPP General Secretary Justin Kodua Frimpong, rallying supporters ahead of what he promises will be a massive show of defiance. 'If we let this stand, no judge will be safe from political vengeance.' Joining the protest are the Liberal Party of Ghana, National Democratic Party, People’s National Party, and others, forming a rare alliance united by outrage over what they describe as a constitutional breach orchestrated by forces loyal to the ruling National Democratic Congress. The coalition accuses the government of mounting a 'calculated and dangerous interference' in the judiciary, warning that today’s protest is only the beginning if their demands for reinstatement and accountability are not met. 'The Constitution is clear,' Kodua Frimpong argued. 'What has happened violates the law, undermines public confidence, and weakens the very pillars of justice in our country.'