The Ghana Bar Association (GBA) is facing significant scrutiny and criticisms after submitting a list of demands to President John Dramani Mahama, urging him to reverse the suspension of Chief Justice Gertrude Araba Sackey Torkornoo.
According to the Ghana Bar Association (GBA), the suspension of the Chief Justice by the president is deemed unconstitutional.
The GBA contends that President Mahama, not being a judicial officer, lacks the legal authority to unilaterally exercise discretion in suspending the Chief Justice, as no existing laws confer such power upon him.
“The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice, as it considers the suspension to be unconstitutional, considering the fact that the President, who is not a judge or judicial officer, exercised his discretion to suspend the Chief Justice under Article 146(10) of the 1992 Constitution in the absence of a published Constitutional Instrument, Statutory Instrument, or Regulation(s) governing the exercise of his said discretion as required by Article 296 of the 1992 Constitution,” part of the resolution reads.
The Ghana Bar Association’s resolution has sparked public criticisms, particularly from legal experts, who are questioning the basis and justification for the Association’s demands — especially in light of an earlier statement from the GBA, which emphasised the need for the rule of law to prevail in the ongoing developments surrounding the Chief Justice’s suspension.
GhanaWeb takes a look at some notable personalities who have since criticised the GBA over its demands:
Thaddeus Sory
Thaddeus Sory, a private legal practitioner, weighing in on the Ghana Bar Association’s demands, calling for the complete revocation and suspension of the association itself, describing its demands as “legally flawed and disrespectful.”
Sharing his views, the legal practitioner stated that the president’s suspension of the Chief Justice, carried out in consultation with the Council of State in accordance with Article 146, did not breach or violate any laws.
He further criticised the GBA for attempting to interpret the law as though it were their exclusive domain, urging them to seek redress in the courts if they believe they have a legitimate case against the president regarding the Chief Justice’s suspension.
“If the Bar believes it has a case, let it go to court. But history is not on their side. Past attempts have yielded embarrassing defeats. Even outside of constitutional litigation, our respected colleague Ward Brew has repeatedly prevailed in court against the Bar. The law is not the sole preserve of the Bar’s interpretation. The law is not in the bosom of the Bar!” parts of his statement read.
Franklin Cudjoe
The Founding President of IMANI Africa, in his criticism of the Ghana Bar association, did not mince words, describing the association’s leadership as politically-biased.
He questioned the association’s sudden statement on the Chief Justice’s suspension, expressing concern over their apparent silence on the infringement of the voting rights of constituents in the SALL area, suggesting a selective approach to advocacy.
“The GBA claims it is REASSERTING itself! They did nothing for SALL. Politically bias leadership!!”, he posted on Facebook on April 29, 2025.
Srem-Sai
The Deputy Attorney General and Minister of Justice, Justice Srem-Sai, has also criticised the Ghana Bar Association, accusing it of attempting to subvert the constitution through its demands for the prima facie case against the Chief Justice to be made public.
Speaking to TV3 on April 29, 2025, he said “If a group of lawyers meet at an event and decide that the best call they can make is that the president unmakes that which the constitution says should be private, be made public, what does that tell you? It tells you that it is a group who are trying to subvert the constitution.
“Do they need to go to law school to understand that when the constitution says something should be private, and a series of court decisions confirm that the process, including the petition, the conversation, and everything about it should be private?”
Prof Ransford Gyampo
The Acting Chief Executive Officer of the Ghana Shippers Authority, Ransford Gyampo, in a series of posts on Facebook, criticised the Ghana Bar Association, accusing them of raising their critical voices only when a particular political party or government is in power.
According to him, he questioned the seemingly hypocritical nature of the Ghana Bar Association, asserting that the association appeared to speak out only on certain issues, while remaining silent for a prolonged period prior to the inception of the current government.
“The sudden discovery of voice by the 43-Member GBA after their deafening 8-year silence is nauseating. Who formed this association? Was this hypocritical selective activism part of their enabling charter? Ghanaians must call them out!” he said.
He further mocked the Ghana Bar Association as being a legal body whose contentions contradict established laws, cautioning them to be mindful of their actions.
He warned that their behavior could lead to them becoming irrelevant in public opinion and erode the trust between the association and the public.
“A Ghana Bar Association that only speaks when one particular regime is in power; and a Ghana Bar Association whose position on a legal matter cannot be found in law, may soon be called a Ghana “Chop” Bar Association if it doesn’t repent,” he wrote.
MAG/AE
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