GBA slams CJ suspension as unconstitutional, demands release of prima facie findings
In a related demand, the GBA urged the enactment of comprehensive legal instruments to govern the suspension and removal of Superior Court judges, warning that the current process leaves room for arbitrary interpretation
The Ghana Bar Association (GBA) has demanded the immediate release of the full decision establishing a prima facie case against Chief Justice Gertrude Torkornoo, insisting that transparency must prevail in matters affecting the judiciary’s top office.
At its 2025 Mid-Year Conference in Accra on Saturday (26 April), the GBA called on President Mahama to disclose the basis for the Chief Justice’s suspension, arguing that public access to the prima facie findings is critical to ensuring fairness and adherence to constitutional principles.
“This disclosure is necessary to ensure that the process is conducted in accordance with the principles of transparency and fairness,” the GBA stated in its resolution.
The Association maintains that while Article 146(10) of the Constitution grants the President certain powers, the exercise of such discretion must be grounded in clear regulations, which it says are currently lacking.
In a related demand, the GBA urged the enactment of comprehensive legal instruments to govern the suspension and removal of Superior Court judges, warning that the current process leaves room for arbitrary interpretation.
GBA President
The Bar’s intervention comes after it reviewed the five petitions and the Chief Justice’s formal responses. Members said they were now firmly convinced that Justice Sackey Torkornoo’s suspension lacked sufficient merit and undermined judicial independence.
The GBA emphasized that it remains committed to defending the independence of the judiciary and ensuring that due process is respected in all constitutional proceedings.
Its President Efua Ghartey, has urged members to closely monitor the ongoing proceedings seeking the removal of the Chief Justice to ensure that justice is not only done but also manifestly seen to be done.
According to her, the proceedings surrounding the potential removal of the Chief Justice are unprecedented, and the Bar must play a proactive role in educating the public on the process.
“One such issue, which is currently on the lips of Ghanaians as a result of the publicity associated with the process triggered for the removal of the Chief Justice, is what is a prima facie case?” she said.
“This process is a novel one in our history as a country, and we, the Bar, must continue to monitor the situation and not hesitate to express our opinion on it where the circumstances demand. It is important that in such matters, justice is not only done but manifestly be seen to have been done”, Ghartey further emphasised.
Meanwhile, the GBA has pledged to lead discussions on the development of clear rules and guidelines for the removal of Article 71 office holders, including judges.
The Petitions
The first petition was submitted on 14 February 2025 by a group known as the Shining Stars of Ghana, led by Kingsley Agyei.
Daniel Ofori filed a second petition on 17 March 2025, alleging 21 instances of misconduct and four instances of incompetence, primarily related to Justice Sackey Torkornoo’s administrative functions as head of the judiciary.
Assistant Commissioner of Police (ACP) Ayamga Yakubu Akolgo, stationed at the National Police Headquarters in Accra, submitted the third petition, also dated 14 February 2025.
A fourth petition came from Christopher Degbui of Juapong in the Volta Region, dated 28 March 2025.
The final petition, dated 2 April 2025, was filed by Alfred Kwabena Asiedu, a former Circuit Court judge whose grievances stemmed from the judicial processes that led to his removal from office.
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