BY Daniel Bampoe
The Ghana Bar Association (GBA) has drawn a clear battle line with President John Dramani Mahama, demanding an immediate reversal of the suspension of Chief Justice Gertrude Araba Torkornoo.
The association is also calling for the withdrawal of controversial judicial directives that have shaken the country’s legal and democratic foundations.
The GBA in bold resolutions passed at its 2025 Mid-Year Conference held at the Labadi Beach Hotel in Accra on Saturday, April 26, condemned the President’s actions as unconstitutional and warned of deepening threats to the rule of law.
The Association, in a statement signed by National President Efua Ghartey and National Secretary Kwaku Gyau Baffour, minced no words about what it described as executive overreach.
“The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional,” the resolution declared.
“This is considering the fact that the President, who is not a judge or judicial officer, exercised his discretion to suspend the Chief Justice under Article 146(10) of the 1992 Constitution in the absence of a published Constitutional Instrument, Statutory Instrument or Regulation(s) governing the exercise of his said discretion as required by Article 296 of the 1992 Constitution.”
Legal Standoff
Earlier this month, President Mahama announced the suspension of the Chief Justice after reportedly establishing a prima facie case based on petitions filed to depose the CJ.
The President followed with the formation of a five-member committee to investigate the allegations, citing Article 146 of the Constitution as his legal authority.
However, the GBA is forcefully contesting both the process and legal foundation of the President’s move.
“There is an urgent need for the enactment of clear and comprehensive Regulations relating to matters under Article 146 of the Constitution,” the Association stated.
“This is to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices, particularly in the context of the impeachment or removal of such officers.”
Moreover, the GBA demanded that the government publicly release the full reasoning behind the decision to suspend the Chief Justice.
“The Ghana Bar Association calls upon the President of the Republic of Ghana to immediately release the full decision establishing a prima facie case against the Chief Justice, consistent with established precedent,” the resolution emphasized.
“This disclosure is necessary to ensure that the process is conducted in accordance with the principles of transparency and fairness.”
Rejection of Judicial Directive
The GBA also took strong exception to a directive issued by the Acting Chief Justice, Paul Baffoe-Bonnie that centralized the assignment of court cases and scheduling of applications — a measure that many legal practitioners argue undermines judicial independence and efficiency.
“Recognizing that the directive by His Lordship, the Acting Chief Justice on the assignment of cases by his office is uncertain and having regard to the importance of technology and the urgency of justice delivery.
“The Ghana Bar Association respectfully requests that this directive be withdrawn and the use of technology in the assignment of cases to the courts enhanced,” it stated.
Political Interference In The Judiciary
In a stern rebuke of what it sees as growing political interference in the judiciary, the GBA cautioned that unsubstantiated public commentary and partisan attacks could irreparably damage the institution.
“The Ghana Bar Association denounces any and all unsubstantiated political commentary or statements that seek to undermine the authority, independence, and integrity of the Judiciary,” the resolution declared.
“The Association affirms its commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks.”
National Issues
Beyond the legal profession, the GBA tackled pressing national matters.
The Association condemned the ongoing destruction of Ghana’s environment through illegal mining (galamsey) and called for immediate, coordinated action.
“The Ghana Bar Association unequivocally condemns the ongoing galamsey activities across the country and calls for immediate, decisive, and sustained action by all arms of government, law enforcement agencies, and relevant stakeholders to eradicate the menace,” it stated.
“We also urge the Judiciary to prioritize and expedite the hearing of galamsey-related cases, ensuring that offenders are held accountable in accordance with the law, without fear or favour.”
On the protracted Bawku conflict, the GBA offered support to traditional authorities, especially the Asantehene, Otumfuo Osei Tutu II, who is spearheading peace efforts.
“The Ghana Bar Association commends the urgent and genuine mediation efforts in the Bawku conflict, emphasizing the importance of peace, dialogue, and national unity,” the resolution said.
“We support the involvement of eminent chiefs… and urge all parties to cooperate fully and respect the outcomes of mediation efforts aimed at restoring peace.”
Turning to electoral justice, the Bar raised alarm over the unresolved parliamentary election in Ablekuma North.
“The Ghana Bar Association notes with concern the lack of parliamentary representation for the people of Ablekuma North, despite their active participation in the 7 December 2024 elections,” the Association said.
“We call on the Electoral Commission, the 2024 Election Security Task Force, particularly the Ghana Police Service, and other relevant authorities to take immediate and necessary steps to resolve the situation by completing the collation process and declaring the results.”
