A recent opinion piece by legal practitioner Thaddeus Sory has sparked renewed debate over the Ghana Bar Association’s (GBA) resolution calling for the revocation of Chief Justice Gertrude Torkornoo’s suspension and the withdrawal of a directive by the Acting Chief Justice concerning case assignments.
In his article titled “Revoke and Suspend the Bar,” Sory criticizes the GBA’s demands as legally flawed and inconsistent.
He argues that the GBA’s position undermines established constitutional procedures and the administrative functions of the judiciary.
The GBA’s resolution, passed on April 26 but made public on April 29, contends that the President’s suspension of the Chief Justice is unconstitutional, citing the absence of a published Constitutional Instrument or Statutory Regulation as required under Article 296 of the 1992 Constitution.
However, Sory points to Article 146(10) of the Constitution, which states: “The President may, acting in accordance with the advice of the Council of State, suspend the Chief Justice.”
He emphasizes that this provision grants the President authority to suspend the Chief Justice upon receiving advice from the Council of State, a process that was reportedly followed in this instance.
The respected legal practitioner also challenges the GBA’s objection to the Acting Chief Justice’s directive on case assignments, noting that the power to assign cases is an administrative function of the Chief Justice’s office, regardless of whether it is held in a substantive or acting capacity.
He questions the GBA’s silence on similar actions taken by the suspended Chief Justice during her tenure.
The GBA has defended its resolution, asserting that the President’s actions lacked the necessary legal framework and transparency.
It has called for the immediate release of the full decision establishing a prima facie case against Chief Justice Torkornoo and urged Parliament to enact clear regulations governing the suspension or removal of Superior Court justices.
As the legal community grapples with these developments, the debate underscores the need for clarity and consistency in the application of constitutional provisions and the roles of legal institutions in upholding the rule of law.
Source: www.kumasimail.com
