The Ghana Bar Association (GBA) is calling for adherence to administrative fairness in the removal process of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The statement, released on Thursday co-signed by its National President Mrs. Efua Ghartey and National Secretary Kwaku Gyau Baffour, references Article 295 of the 1992 Constitution.
The GBA emphasizes the importance of upholding constitutional principles in the process.
“The GBA also notes the provisions of Article 146 (8), (9) and (10) which indicate that the sittings of the Committee shall be held in camera and the President, acting in accordance with the advice of the Council of State, may suspend the Chief Justice.
“While the GBA recognises the constitutional prescriptions for the removal of the Chief Justice under Article 146 (6) to (10) of the Constitution, and mindful of the fact that presently, the entire matter is sub judice, it is the hope and belief of the GBA that the actors involved in the whole process would have the time tested tenets of the Rule of Law as their guiding principles and in its application, follow the Spirit of the Law.
“It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution on the exercise of discretion and will act in a manner that safeguards and enhances the independence and image of the Judiciary.
“Justice emanates from the good people of Ghana and is administered by the Judiciary headed by the Chief Justice.
“The GBA shall carry out its mandate to defend, strengthen and enhance confidence in the justice delivery system in Ghana.
“The GBA shall remain the conscience of society, the voice of the voiceless and act to safeguard the Rule of Law and uphold the Constitution of the Republic which embodies the wishes and aspirations of the people of Ghana,” the GBA stated.
Attached is the full statement
