GBA Calls for Public Release of Prima Facie Ruling Against Chief Justice

The Ghana Bar Association (GBA) has called upon President John Mahama to make public the full decision that established a prima facie case against the Chief Justice, emphasizing the importance of adhering to established legal precedent in such matters.

In a resolution jointly signed by the National President, Mrs. Efua Ghartey, and the National Secretary, Kwaku Gyau Baffour, following its mid-year conference, the GBA stressed that both transparency and fairness must be guiding principles throughout this process.

The Association also strongly condemned unsubstantiated political commentary that seeks to undermine the independence and integrity of the Judiciary. It reaffirmed its unwavering commitment to safeguarding the sanctity of the judicial process and pledged to employ legal measures to protect the Judiciary from any undue interference or attacks.

Prior to this, the GBA had urged the Committee tasked with reviewing the petitions filed against the Chief Justice to uphold the Rule of Law. The Association emphasized that all parties involved must act in strict accordance with Article 296 of the 1992 Constitution to preserve the independence and public image of the Judiciary.

Regarding the suspension of the Chief Justice, the Bar Association reiterated its call for the immediate revocation of the suspension, arguing that it was unconstitutional. The GBA contended that the President, not being a judge or judicial officer, exercised discretionary power under Article 146(10) of the 1992 Constitution without a published Constitutional Instrument, Statutory Instrument, or Regulation, as mandated by Article 296.

Furthermore, the GBA advocated for the enactment of clear regulations under Article 146 of the Constitution to ensure transparency, accountability, and fairness in all proceedings involving justices of the Superior Courts, particularly in cases of impeachment or removal.

It is recalled that President Mahama, acting under Article 146(6) of the Constitution and following consultations with the Council of State, determined that a prima facie case had been established in response to three petitions filed against the Chief Justice. Consequently, a committee has been duly established, in line with Article 146(6) and in consultation with the Council of State, to further investigate the matter. For legal professionals and concerned citizens in Kumasi and across Ghana, the GBA’s stance underscores the importance of due process and transparency within the country’s judicial system.