The Deputy Attorney General, Dr. Justice Srem-Sai has pushed back against a resolution by the Ghana Bar Association (GBA) requesting the revocation of the suspension of Chief Justice Gertrude Torkornoo and the publication of the full decision establishing a prima facie case against her.
The GBA’s resolution, passed on April 26 during its Mid-Year Conference in Accra, described the Chief Justice’s suspension as unconstitutional and legally unfounded, calling for its immediate reversal and demanding transparency in the process.
But Dr Justice Srem Sai in an interview on GHOne TV dismissed the resolution as non-binding and pointed out his outfit’s responsibility to ensure that the constitution is respected at all times.
“Members of the Ghana Bar Association are entitled to pass resolutions on many issues. But publishing the proceedings or anything concerning the process will constitute a violation of the Constitution. We cannot advise the President to do such a thing”, he said.
The GBA, in its resolution, argued that disclosing the decision and process is necessary for transparency and public confidence in the rule of law. However, Dr. Srem Sai countered that such a stance could risk undermining constitutional safeguards.
“If the constitution says something should be held in private, I don’t see how anyone who is interested in obeying the constitution will suggest that we disregard that provision and do what suits them”, he noted.
He further described the GBA’s request as “concerning and disturbing,” and clarified that the association’s resolutions do not carry legal weight.
“Let us not take it as if the GBA’s resolutions are binding on anyone. There is a sharp contrast between their earlier letter urging the process to continue undisturbed, and this new call for revocation. It shows the GBA is only as consistent as the people who attend its meetings.”
Dr. Srem Sai added:
“If I gather like-minded people tomorrow, we could pass any resolution we want. That doesn’t make it binding.”
Meanwhile, Former National Chairman of the NPP, Freddie Blay, strongly criticized President John Mahama over the Chief Justice’s suspension, calling it a deliberate attempt to destabilize the judiciary.
“My heart’s bleeding. The Chief Justice is extremely apolitical. I’m appalled. I feel very sorry that we are destabilizing the judiciary,” Mr. Blay said on GHToday with Serwaa Amihere.
However, constitutional lawyer Raymond Bidemah challenged the GBA’s position, asserting that the President acted within his constitutional powers.
“If the President has acted in accordance with the Constitution, what’s the basis for their resolution? If it has no legal consequence, then it’s of no use,” he argued, adding:
“It’s an unfortunate position. As lawyers, our actions must be anchored in law. The President does not need additional regulation to exercise his discretionary power in this matter.”
