By Daniel Bampoe
The Ghana Bar Association (GBA) has called on President John Dramani Mahama to immediately revoke the suspension of the Chief Justice, in a strong resolution passed during its Mid-Year Review Conference held on Saturday, April 26, 2025, at the La Beach Hotel, Accra.
The move marks a significant escalation in the legal fraternity’s involvement in a matter that has gripped national attention.
The suspension stems from a controversial petition seeking the removal of the Chief Justice, a process that has sparked widespread debate over due process, judicial independence, and transparency.
Delivering a keynote address at the conference, GBA President Ghartey emphasized the need for the ongoing impeachment proceedings against the Chief Justice to be conducted publicly, despite constitutional stipulations for private, in-camera hearings.
“Despite the constitutional provisions that say the proceedings should be held in-camera, the current circumstances — where the petition and all matters related to it are already in the public domain — may serve the country better if the matter is held in public,” Ghartey stated.
She noted that the original intent behind private hearings had been undermined by the realities of the digital age, where information leaks rapidly through social media, making confidentiality nearly impossible.
She further proposed that a live, televised process would ensure that justice is not only done but seen to be done, reinforcing public confidence in the judiciary.
Crucially, Ghartey raised a novel constitutional question: whether the Chief Justice herself could elect to waive her right to an in-camera hearing, allowing proceedings to be held in the open.
The ongoing controversy began after several petitions were filed calling for the Chief Justice’s removal, triggering a constitutional process that led to her suspension by the President.
However, the highly publicized nature of the allegations — and the absence of clear procedural guidelines governing such a critical exercise — has exposed gaps within the nation’s legal and governance frameworks.
In her address, Ghartey referenced the 2020 Supreme Court decision in The Republic v. The Chief Justice and the Attorney General, where Justice Dotse emphasized the urgent need for codified procedural rules to guide the impeachment of Article 71 officeholders, including judges.
She lamented that little progress had been made since that judgment, stressing that the current situation underscores the necessity for reforms.
Mrs Ghartey announced that the GBA would take proactive steps to propose clear and detailed guidelines for such impeachment processes, urging that future cases should be handled expeditiously and, where appropriate, publicly.
“The Bar must take the lead and make proposals in this regard,” she urged.
In addition to calls for reform, Mrs. Ghartey revealed plans to revive key GBA committees, including the Legal and Constitutional Committee, to strengthen the Association’s role in national legal discourse.
She also stressed the need for greater public legal education through the reactivation of the Public Awareness Committee, citing widespread misconceptions around legal standards like establishing a prima facie case.
During the conference, Ghartey also addressed broader national issues, including the ongoing fight against illegal mining (galamsey), urging stronger action to curb the environmental and social impacts of the menace.
She called on lawyers appointed to statutory bodies to serve with integrity and uphold the rule of law.
Her wide-ranging address resonated deeply with attendees, culminating in a standing ovation from members of the Association, reflecting broad support for her leadership at a critical moment for the judiciary and the nation.
