The Ghana Bar Association (GBA) has implored the 5-member committee instituted by President John Dramani Mahama to look into the petitions lodged against the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, to be guided by the “time-tested tenets of the Rule of Law” and “follow the Spirit of the Law.”
The association registered this plea in a press statement issued on Thursday, 24 April 2025.
Mahama suspended the chief justice with immediate effect on Tuesday, 22 April 2025, about four months after she swore him in as president.
The president took the decision after he, in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case had been established against her in connection with the petitions, according to the Spokesperson to the President and Minister for Government Communications, Felix Kwakye Ofosu.
Mahama consequently set up a 5-member committee “in compliance with Article 146(6) of the Constitution and in consultation with the Council of State” to inquire into the petitions.
The committee comprises: Justice Gabriel Pwamang, Justice of the Supreme Court, chairman; Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court, member; Daniel Yaw Domelevo, former Auditor-General, member; Major Flora Bazwaanura Dalugo, Ghana Armed Forces, member; and James Sefah Dzisah, Associate Professor at the University of Ghana, member.
“While the GBA recognises the constitutional prescriptions for the removal of the Chief Justice under Article 146 (6) to (10) of the Constitution, and mindful of the fact that, presently, the entire matter is sub judice, it is the hope and belief of the GBA that the actors involved in the whole process would have the time-tested tenets of the Rule of Law as their guiding principles and in its application, follow the Spirit of the Law.
“It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution on the exercise of discretion and will act in a manner that safeguards and enhances the independence and image of the Judiciary. Justice emanates from the good people of Ghana and is administered by the Judiciary headed by the Chief Justice,” the statement said.
The association further stated that it would “carry out its mandate to defend, strengthen and enhance confidence in the justice delivery system in Ghana.
“The GBA Shall remain the conscience of society, the voice of the voiceless and act to safeguard the Rule of Law and uphold the Constitution of the Republic which embodies the wishes and aspirations of the people of Ghana,” the statement added.
The three petitions were separately lodged this year by a private citizen called Daniel Ofori, a senior police officer named Assistant Commissioner of Police (ACP) Ayamga Yakubu Akolgo, and a group calling itself the Shining Stars of Ghana.
The petitions basically relate to accusations of misuse of public funds, a number of controversial Supreme Court rulings and some questionable administrative decisions.
The Chief Justice filed her responses, denying those allegations.
Source: Edward Adeti/Media Without Borders/mwbonline.org/Ghana
