The Ghana Bar Association (GBA) has escalated its opposition to President John Mahama’s suspension of Chief Justice Gertrude Torkornoo, warning of imminent legal action if the directive is not revoked.
The GBA’s stance comes after its National Executive Council released resolutions from its recent mid-year conference, where it declared the suspension unconstitutional.
Speaking on Joy FM’s Top Story on Tuesday, GBA Public Relations Officer Saviour Kudze stressed the need for clarity in the legal process.
According to him, the legal move is crucial to establish clear guidelines for the future.
He explained that the potential court action will seek judicial interpretation to prevent the arbitrary use of executive power in such matters.
The Association maintains that President Mahama’s suspension of the Chief Justice violates Article 296 of the 1992 Constitution, which requires published regulations for the exercise of discretionary powers.
The GBA argues that the absence of such rules renders the suspension unlawful.
But the Deputy Attorney General, Justice Srem Sai is calling the bluff of the GBA spokesperson.
“We are convinced that our position is the right one. We don’t know whether the GBA will gather the confidence and courage to proceed to court on something like this,” he said on Joy FM‘s Newsnite.
He explained that the failure or inability to publish the said regulations does not prevent the President from exercising his discretion.
“The failure or inability to publish a CI in respect of discretionary power does not prevent the president from exercising it at all.”
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