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Supreme Court precedent trumps Bar Association’s demands- Sai

Kumasi Mail by Kumasi Mail
April 30, 2025
in News
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Supreme Court precedent trumps Bar Association’s demands- Sai
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Deputy Attorney General Justice Srem Sai has sharply criticized the Ghana Bar Association (GBA) for its recent resolution challenging the suspension of the Chief Justice, asserting that such resolutions cannot override binding Supreme Court decisions.

Speaking on JoyNews’ PM Express monitored by Kumasimail, Sai dismissed the GBA’s demands as legally untenable and constitutionally flawed.

Sai questioned the validity of a resolution passed by 45 lawyers being presented as the stance of an association with over 5,000 members.

“Someone might have prompted, you know, that a resolution passed by 45 people-which is going to be attributed to an association of over 5,000 members-should be carefully considered before it’s even printed on the letterhead of the GBA, however it happened,” he said.

The Deputy AG emphasized that legal authority derives from precedent and constitutional interpretation, not majority consensus. “Law is not democracy. If 10,000 people say one thing and one person says another, the law doesn’t side with the 10,000,” he stated, stressing that judicial decisions must guide legal discourse.

Sai pointed to existing Supreme Court rulings that have already addressed the Chief Justice’s suspension, calling the GBA’s resolution an attempt to “override binding constitutional decisions.”

He argued that lawyers, of all groups, should respect judicial authority.

“When you all know that the Constitution commands that the process be conducted not in public, and there have been at least three decisions confirming this-neither the petition, nor the conversation around it, nor the content of the petition, nor the process of what occurred in the proceedings should be made public-so if,

“In light of this strong constitutional injunction supported by settled case law, the GBA-an assembly of lawyers-can pass a resolution calling on the President to make public what the Constitution requires to remain private, then there’s a fundamental problem with that”, he added.

By: Kwadwo Owusu

Tags: Chief JusticeDeputy Attorney GeneralGhana Bar Association (GBA)Justice Srem SaiSupreme Court decisions
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