The Ghana Bar Association (GBA) has intensified its opposition to President John Mahama’s suspension of Chief Justice Gertrude Torkornoo, warning of imminent legal action if the directive is not revoked.
The GBA’s position follows resolutions from its National Executive Council at its recent mid-year conference, where it declared the suspension unconstitutional.
Speaking on Joy FM’s Top Story on Tuesday, GBA Public Relations Officer Saviour Kudze emphasized the need for clarity in the legal process.
According to him, the potential legal move is crucial to establish clear guidelines for the future.
He explained that the court action would seek judicial interpretation to prevent the arbitrary use of executive power in such matters.
The Association argues that President Mahama’s suspension of the Chief Justice violates Article 296 of the 1992 Constitution, which mandates published regulations for the exercise of discretionary powers.
The GBA maintains that the absence of such rules renders the suspension unlawful.
However, Deputy Attorney General Justice Srem Sai has dismissed the GBA’s stance.
“We are convinced that our position is the right one. We don’t know whether the GBA will gather the confidence and courage to proceed to court on something like this,” he said on Joy FM’s Newsnite.
He further explained that the failure to publish the regulations does not prevent the President from exercising his discretion.
“The failure or inability to publish a CI in respect of discretionary power does not prevent the President from exercising it at all.”
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