Politics

Stop public outrage; take your constitutional case to court

Thaddeus Sory, a prominent legal figure, has strongly criticized the Ghana Bar Association (GBA) for its public outrage over the suspension of the Chief Justice, urging the association to take their constitutional concerns to court instead of engaging in empty public rants and threats.

In a Facebook post shared on April 29, 2025, Sory rebuffed the GBA’s resolution, which called for the Acting Chief Justice to withdraw a directive on case assignments and for the President to revoke the suspension of the Chief Justice.

The GBA contended that the suspension was unconstitutional, arguing that the President had acted outside the law by suspending the Chief Justice without the necessary statutory instruments or regulations required under Article 296 of the 1992 Constitution.

Sory, however, dismissed the GBA’s stance as legally flawed and disrespectful.

He pointed out the inconsistency in the Bar’s reasoning, noting that by law, the assignment of cases is an administrative function of the office of the Chief Justice, not a personal duty tied to the individual holding the title.

He further stressed that the powers exercised by the suspended Chief Justice while in office are not personal but tied to the office itself, meaning the Acting Chief Justice is legally empowered to assign cases as her predecessor did.

Sory also highlighted that the GBA’s outrage came after years of silence over constitutional breaches and questionable administrative decisions made by the suspended Chief Justice.

He reminded the Bar of the constitutional provision in Article 146(10), which clearly states that the President can suspend the Chief Justice only after receiving advice from the Council of State.

He emphasized that the President is constitutionally obligated to act based on this advice, not through unilateral discretion.

“Where was the Bar when the suspended Chief Justice issued unconstitutional and unlawful administrative guidelines?” Sory questioned, pointing out the Bar’s failure to speak out against previous violations and the financial losses caused by these actions.

He further urged the GBA to take legal action if they believed their case was valid. “If you have a strong case, take it to court. Public outrage and threats will not change the law,” Sory declared.

He added that history had not been kind to the Bar in previous attempts to challenge constitutional matters, with their efforts often resulting in embarrassing defeats.

Sory concluded by reminding the GBA that the law is not the exclusive preserve of the Bar’s interpretation, suggesting that other legal professionals, such as Ward Brew, have successfully challenged the Bar in court in the past.

Read his full statement below:

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