The Ghana Bar Association (GBA) has condemned the recent suspension of Chief Justice Gertrude Torkornoo, calling it unconstitutional, procedurally flawed, and lacking any legal basis under the 1992 Constitution. The Association is demanding the immediate revocation of the decision.
At its Mid-Year Conference held in Accra, the GBA passed a series of resolutions questioning the legality of the suspension and the process through which it was carried out.
In an official statement dated April 26, the Association challenged the President’s purported reliance on Article 146(10) of the Constitution, arguing that the action violated Article 296, which requires that the exercise of discretionary power must be supported by a legal framework, such as a Constitutional Instrument, Statutory Instrument, or other published regulation.
“The Ghana Bar Association finds no lawful justification for the President’s action,” the statement read. “The absence of any enabling regulation renders the suspension unconstitutional and a dangerous precedent for the independence of the judiciary.”
The GBA urged all constitutional bodies and state institutions to act within the confines of the rule of law and warned that failure to reverse the decision could erode public trust in Ghana’s democratic institutions.
The controversy.
The GBA’s sharp reversal has raised eyebrows among legal observers and the wider public. Just days before its Mid-Year Conference, the Association had declared a neutral stance, stating it would refrain from taking a position on the suspension of the Chief Justice until a final determination of the matter was made, citing concerns over prejudicing the process.
This sudden pivot, from neutrality to firm condemnation, has left many questioning what prompted the shift in such a short period. Critics are asking what has changed within days to warrant such a definitive declaration after an earlier commitment to professional restraint.
By Peter Quao Adattor
Full statement;
