Ghana Bar Association urges respect for Rule of Law in ongoing Chief Justice removal process

The Ghana Bar Association (GBA) has issued a strong but measured statement calling for strict adherence to constitutional processes and the rule of law in the ongoing proceedings regarding the removal of Chief Justice Gertrude Torkornoo.

In a press release signed by GBA National President Efua Ghartey and National Secretary Kwaku Gyau Baffour, the Association confirmed that it has been closely monitoring developments over the past two months, which culminated in the Chief Justice’s suspension by President John Mahama.

The GBA emphasised its constitutional duty to defend the independence of the judiciary and uphold justice and freedom. “Per the Constitution, Code of Ethics and Regulations of the GBA, the GBA concerns itself with matters affecting the Legal Profession,” the statement read.

As of 27 March 2025, the General Council of the GBA reported receiving three petitions demanding the removal of the Chief Justice. Additionally, two lawsuits have been filed at the Supreme Court challenging the constitutionality of the process, including injunction applications.

The Association cited Article 146 (6) to (10) of the 1992 Constitution, which outlines the President’s authority to initiate an investigative process by appointing a committee in consultation with the Council of State. The committee must include two Supreme Court Justices—one as chair—and three other non-political, non-legal public figures.

While recognising that the President may suspend the Chief Justice on the advice of the Council of State, the GBA reiterated that the committee’s proceedings must remain confidential, as required by law.

“The GBA is mindful of the fact that presently, the entire matter is sub judice, [but] it is the hope and belief of the GBA that the actors involved… would have the time-tested tenets of the Rule of Law as their guiding principles,” the Association stressed.

Further, the GBA urged all participants in the process to act in accordance with Article 296 of the Constitution, which governs the fair and non-arbitrary exercise of discretionary power.

The Association reaffirmed its role as a guardian of democratic principles: “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 GBA concluded by calling for conduct that protects the dignity and independence of the judiciary, which it says is essential for maintaining public confidence in the justice system.