The Ghana Bar Association (GBA) has clarified its position on the suspension of former Chief Justice Gertrude Sackey Torkornoo, stressing that its call for the President to revoke the suspension was not intended to undermine the constitutional process.
Rather, the Association said its concerns centered on the fairness and transparency of the procedure.
Speaking at the opening ceremony of the ongoing Bar Conference in Wa, GBA President Efua Ghartey explained that the Association’s unease relates to the absence of clear procedural rules governing the removal of a Chief Justice under Article 146 of the 1992 Constitution.
“The Bar recognizes the fact that the power of removal can be exercised under Article 146, but the Bar’s major concern relates to the process.
In the absence of specific rules of procedure, the sketchy process potentially lends itself to arbitrariness and a lack of fairness,” she said.
On April 30, eight days after the suspension, the GBA called for the immediate revocation of the decision and the enactment of comprehensive regulations to guide matters under Article 146.
As captured in Resolution 2B, “The Ghana Bar Association hereby also calls for the immediate enactment of clear and comprehensive Regulations relating to matters under Article 146 of the Constitution of the Republic of Ghana to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices.”
The GBA emphasized that justice must not only be done but also be seen to be done. The lack of well-defined rules in the removal process, it argued, risks eroding fairness and public confidence.
“We all deserve justice. From the well-endowed in society to the less endowed, from those who wield political power to those who don’t… We all deserve justice,” Mrs. Ghartey added.
Source: Starrfm.com.gh
