The Ghana Bar Association (GBA) has called for a fair and constitutionally grounded approach in the ongoing process concerning the possible removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
In a statement issued on Thursday and jointly signed by the National President, Mrs. Efua Ghartey, and National Secretary, Kwaku Gyau Baffour, the GBA emphasized the need for due process, guided by the “time tested tenets of the Rule of Law.”
“The GBA also notes the provisions of Article 146 (8), (9) and (10) which indicate that the sittings of the Committee shall be held in camera and the President, acting in accordance with the advice of the Council of State, may suspend the Chief Justice,” the statement said, pointing to the constitutional framework that governs such proceedings.
The association acknowledged that while the constitutional provisions under Article 146 (6) to (10) prescribe the process for removing a Chief Justice, it remains vital that all parties involved act within the bounds of justice and fairness, especially since the matter is currently sub judice.
“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,” the statement read.
Highlighting the importance of discretion and ethical conduct, the GBA reminded all involved to observe Article 296 of the Constitution, which addresses how discretionary powers must be exercised.
“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,” the statement added.
Underscoring the Judiciary’s role in the democratic framework of Ghana, the GBA reaffirmed its own mandate to protect the integrity of the justice system.
“Justice emanates from the good people of Ghana and is administered by the Judiciary headed by the Chief Justice,” the association stated, asserting its commitment to upholding legal values.
“The GBA shall 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 concluded.
