KEY POINTS
- The Ghana Bar Association threatens court action if Mahama does not revoke the Chief Justice’s suspension.
- The GBA argues that the suspension violates the 1992 Constitution’s guidelines on executive power.
- The Deputy Attorney General disagrees, defending the President’s authority to act without published regulations.
The Ghana Bar Association (GBA) has escalated its opposition to President John Mahama’s suspension of Chief Justice Gertrude Torkornoo. It warned of imminent legal action if Mahama does not revoke the suspension, which it deems unconstitutional.
The Association’s National Executive Council made the declaration after its mid-year conference and subsequent resolutions.
GBA demands clarity on the legal process and judicial interpretation
Speaking on Joy FM’s Top Story, GBA Public Relations Officer Saviour Kudze stressed the need for clarity in the legal process. Kudze explained that the potential court action would seek judicial interpretation to prevent the arbitrary use of executive power.
He emphasized the importance of establishing clear guidelines for the future to prevent such issues from recurring.
GBA’s position on the violation of the 1992 Constitution
According to MyJoyOnline.com, the GBA argues that Mahama’s suspension violates Article 296 of the 1992 Constitution, which requires published regulations for discretionary powers. The absence of such regulations, according to the GBA, renders the suspension of the Chief Justice unlawful.
However, Deputy Attorney General Justice Srem Sai challenged the GBA’s stance, stating that the President’s discretion remains valid.
