Professor Stephen Kwaku Asare (L) and GBA president Efua Ghartey
Renowned US-based Ghanaian lawyer and scholar, Professor Stephen Kwaku Asare, has criticised the Ghana Bar Association (GBA) following reports of its members reacting to a resolution calling on President John Dramani Mahama to revoke the suspension of Chief Justice Gertrude Torkornoo.
In a statement shared on X on Sunday, April 27, 2025, Professor Kwaku Asare, popularly known as Kwaku Azar, noted that the new development indicates that the association has regained its voice under the current National Democratic Congress (NDC) government.
However, he pointed out that until the GBA addresses the constitutional issues surrounding the actions of the Chief Justice, which have led to the petition for her removal, it should suspend its resolution calling for President Mahama to revoke the suspension of Justice Torkornoo.
“Less than a week after calling for the rule of law to prevail, the GBA has reversed course—now urging the President to revoke the suspension of the Chief Justice.
“It’s good that the GBA has finally found its voice,” Azar wrote on X.
He continued, “We would now like to hear that voice on these pressing constitutional matters. Until the GBA meaningfully addresses these serious constitutional questions, it ought to suspend its resolution calling for the revocation of the Chief Justice’s suspension.”
The academic outlined the constitutional matters the GBA must address as follows:
1. Supreme Court nominations:
Does the GBA support the Chief Justice personally selecting and submitting five names for Supreme Court appointment — contrary to Article 144(2) of the Constitution?
2. Nomination criteria:
Will the GBA explain what criteria the Chief Justice used in choosing her five nominees — and whether it meets constitutional standards of merit, transparency, and fairness?
3. Usurpation of the Judicial Council’s role:
Does the GBA condone the Chief Justice bypassing the Judicial Council, the body constitutionally entrusted with recommending nominees to the Supreme Court?
4. Backroom deals on judicial appointments:
Does the GBA support secret backroom exchanges and entanglements between the Chief Justice and the Executive over who sits on Ghana’s apex court?
5. Reconstitution of panels:
Will the GBA defend or condemn the practice of reconstituting Supreme Court panels to engineer preferred outcomes — a blatant violation of decisional independence?
6. Unconstitutional directives:
Does the GBA believe the Chief Justice can lawfully issue administrative directives that bypass constitutional procedures and established checks?
Background:
The Ghana Bar Association (GBA) has reportedly passed a resolution to call on President John Dramani Mahama to revoke the suspension of Chief Justice Gertrude Torkornoo.
According to a report by thelawplatform.online, the resolution was passed at the GBA’s Mid-Year Conference held at Labadi Beach Hotel in Accra on April 26, 2025.
The report indicated that members of the Bar were displeased with the suspension of the Chief Justice after getting details of the three petitions for her removal.
They were also not happy with the determination of a prima facie case in the three petitions filed for Justice Torkornoo’s removal by President Mahama and the Council of State.
The members of the GBA also expressed their displeasure with the leadership of the association over a statement issued on the ongoing process for the removal of the Chief Justice.
They indicated that they were not happy with the import and tone of the statement, which was dated April 24, 2025.
The GBA also indicated that it was going to present a petition challenging the removal of the Chief Justice.
President of the GBA, Efua Ghartey, explained the reasons for the language and tone of the statement issued on the petitions for the Chief Justice’s removal.
He indicated that the statement was issued without the benefit of the details of the petitions, adding that the association can pass a resolution on the actions to take with regard to the issue at hand.
BAI/MA
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