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 Association said that transparency and fairness should guide the process.
In a resolution signed by National President Mrs. Efua Ghartey and National Secretary Kwaku Gyau Baffour after its mid-year conference, the GBA condemned unsubstantiated political commentary that undermines the Judiciary’s independence and integrity.
In law, “prima facie” means “at first sight” or “on the face of it” and refers to evidence that, on its initial appearance, is sufficient to support a claim or fact unless contradicted or rebutted. It essentially establishes a presumption that something is true until proven otherwise.
In the press release announcing the setting up of the committee to study the petitions submitted against the Chief Justice, President John Mahama announced that he had ‘found prima facie’. The phrase ‘prima facie’ has a technical, legal definition, and only a body charged with judicial functions can declare that an allegation has prima facie value.
The President, or the Presidency, has no judicial powers under the 1992 Constitution.
Prima facie is also established by reasoning or by a reasoned argument, which the GBA styled the ‘full decision’, judicially set out.
For a person against whom a finding of prima facie has been found, there must be a full decision, in order for the individual to defend him or herself.
And that is what the Ghana Bar Association is seeking clarity on.
In this instance, we at the Daily Searchlight believe that the claim that the Presidency has established prima facie is ignorant at best, and malicious at worst. It points to the conclusion, as many suspect, that the entire process has only one end in sight, to turn out the Chief Justice and find someone who is more amenable to the intentions of the current government.
These developments are unfortunate, but has had one unexpected but desired effect. The Ghana Bar Association, which has been sitting on the fence for so many years, is finally waking up to its national responsibilities, and this is good.
(Editorial of the Daily Searchlight of 2nd May, 2025).
