Private legal practitioner Raymond Bidema has strongly criticized the Ghana Bar Association (GBA) for its recent demand that President John Mahama revoke the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Bidema asserts that only the Supreme Court-not any association has the constitutional authority to determine whether an action is unconstitutional.
Speaking on JoyNews’ PM Express monitored by Kumasimail, Bidema stated, “I disagree because I don’t think it lies in the mouth of GBA to tell whether or not a thing is unconstitutional; that is the role of the Supreme Court to determine constitutionality of a matter”.
He referenced the Supreme Court’s decision in the ex parte Korsa case, highlighting that the Constitution provides clear mechanisms for challenging the constitutionality of state actions, specifically through Article 2(1) and Article 130, which empower individuals to seek the Supreme Court’s original jurisdiction for such determinations.
“If you review the case of ex parte Korsa, the Supreme Court provided an elaborate and explicit explanation of the circumstances under which a person may invoke its original jurisdiction to determine the validity of a matter”.
The BAR Association, through its Public Relations Officer Saviour Kudze, has argued that the President’s action lacked the necessary legal framework to regulate the exercise of discretion under Article 296 of the 1992 Constitution, and thus was unconstitutional.
The GBA has called for the immediate reversal of the suspension, insisting that any discretionary powers must be exercised within the bounds of clear regulations to prevent abuse and ensure transparency.
However, Bidema maintains that President Mahama acted strictly within the constitutional provisions outlined in Article 146(6), which allows for the suspension of a Chief Justice following a prima facie determination and consultation with the Council of State.
He added “Additionally, the Constitution itself establishes a mechanism for addressing perceived constitutional violations. Should an individual believe an action is unconstitutional, they may refer to Article 2(1) and Article 130 to seek a judicial declaration.
“It does not fall to any individual or association to unilaterally determine constitutionality-that authority rests solely with the Supreme Court.”
Source : www.kumasimail.com /Kwadwo Owusu
