PHOTO:GBA President Mrs. Afuah Ghartey
The Ghana Bar Association (GBA), currently led by Afuah Ghartey — spouse of former NPP Minister and flagbearer hopeful Joe Ghartey — has issued a carefully calibrated yet firm statement urging strict adherence to constitutional procedures and the rule of law. This comes in the wake of President John Dramani Mahama’s suspension of Chief Justice Gertrude Araba Torkornoo, a move that has triggered national debate and legal uncertainty.
In what has rapidly evolved into one of the most constitutionally delicate challenges in Ghana’s democratic journey, the GBA confirmed it has taken note of three formal petitions and two active Supreme Court cases contesting the legality of the removal process. At the heart of the matter lies Article 146 of the 1992 Constitution, which outlines the removal mechanism for a sitting Chief Justice.
The petitions, submitted in March 2025, prompted the President—acting in consultation with the Council of State—to initiate a constitutionally sanctioned inquiry via a five-member committee. While procedurally grounded, the process has invited legal scrutiny and raised concerns about political interference and transparency.
Though the Bar Association is often perceived to reflect views sympathetic to the governing New Patriotic Party (NPP), it used the occasion to stress its overarching duty to the legal profession and national interest.
“The Association is mindful of Articles 146(6) and (7), which provide the procedural architecture for the removal of a Chief Justice,” the GBA stated. “We expect that all actors involved will be guided by the spirit and letter of the law.”
The Association also invoked Article 296, cautioning those wielding discretionary power to do so with fairness, restraint, and a sense of duty to Ghana’s democratic norms.
The GBA’s tone reflected a careful balancing act—recognising the constitutional legitimacy of the removal process while highlighting the risks of undermining judicial integrity.
“Justice emanates from the good people of Ghana and is administered by the Judiciary headed by the Chief Justice,” the Association said, affirming the symbolic and functional importance of judicial independence in the national democratic architecture.
It further referenced the confidentiality of committee proceedings under Article 146(8)–(10), implicitly warning against public commentary that could politicise the inquiry or compromise its credibility.
While the GBA stopped short of weighing in on the merit of the petitions or the suspension itself, its statement left little doubt about the seriousness of the moment. It called on all involved to resist political expediency and to protect the impartiality of Ghana’s judiciary.
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