The Ghana Bar Association (GBA) has urged President John Mahama to release the full decision establishing a prima facie case against the Chief Justice, citing established precedent.
“The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional, considering the fact that the President who is not a judge or judicial officer exercised his discretion to suspend the Chief Justice under Article 146(10) of the 1992 Constitution in the absence of a published Constitutional Instrument, Statutory Instrument or Regulation(s) governing the exercise of his said discretion as required by Article 296 of the 1992 Constitution,” the GBA stated.
The Association said that transparency and fairness should guide the process.
This was contained in a resolution signed by National President Mrs. Efua Ghartey and National Secretary Kwaku Gyau Baffour after its mid-year conference. It also condemned unsubstantiated political commentary that undermines the Judiciary’s independence and integrity.
“Furthermore, the Ghana Bar Association denounces any and all unsubstantiated political commentary or statements that seek to undermine the authority, independence, and integrity of the Judiciary. The Association affirms its 2 commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks,” the Resolution stated.
“In addition, the Ghana Bar Association calls upon the President of the Republic of Ghana to immediately release the full decision establishing a prima facie case against the Chief Justice, consistent with established precedent. This disclosure is necessary to ensure that the process is conducted in accordance with the principles of transparency and fairness,” the GBA said.
The Association called for the immediate enactment of clear and comprehensive Regulations relating to matters under Article 146 of the Constitution of the Republic of Ghana to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices, particularly in the context of the impeachment or removal of such officers.
It noted that the President, not being a judge or judicial officer, exercised discretion under Article 146(10) of the 1992 Constitution without a published Constitutional Instrument, Statutory Instrument, or Regulation, as required by Article 296.
Acting under Article 146(6) of the Constitution and after consultations with the Council of State, President Mahama determined that a prima facie case had been established in response to three petitions against the Chief Justice.
Consequently, a committee has been established in line with Article 146(6) and in consultation with the Council of State.
