The Ghana Bar Association (GBA) has called for full disclosure of the decision establishing a prima facie case against Chief Justice Gertrude Araba Esaaba Torkornoo in line with established precedent.
This disclosure, according to the GBA, is necessary to ensure that the process is conducted in accordance with the principles of transparency and fairness.
The GBA in a resolution passed at its 2025 mid-year conference held at the Labadi Beach Hotel in Accra last Saturday, also called for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional.
It emphasised that its demand is based on the fact that the President who is not a judge or judicial officer exercised his discretion to suspend the Chief Justice under Article 146(10) of the 1992 Constitution in the absence of a published Constitutional Instrument, Statutory Instrument or Regulation(s) governing the exercise of his said discretion as required by Article 296 of the 1992 Constitution.
The GBA, the resolution pointed out, stands united in their collective responsibility towards advancing the rule of law, justice, and the sustainable development of Ghana.
It said it recognised the profound and pivotal role the legal profession plays in shaping a just, fair and transparent society, and reasserting its commitment to upholding the rule of law, ensuring justice for all citizens, and promoting high standards of integrity within public life.
This is because of the central tenets of the 1992 Constitution of the Republic of Ghana, particularly those enshrined in its preamble, which bind all citizens and the state to the principles of “Freedom, Justice, Probity, and Accountability.”
Demand for withdrawal of directives
The Bar Association has also urged that some directives by the Acting Chief Justice Paul Baffoe-Bonnie, be respectfully withdrawn.
Upon taking office, the Acting Chief ordered that all newly filed cases in Ghana’s superior courts be brought to his attention for assignment and scheduling.
In a memorandum dated April 23, 2025, and issued by the Deputy Judicial Secretary, Dr Cyracus Badinye Bapuuroh, Registrars of the High Courts, Courts of Appeal, and the Supreme Court have been instructed to bring all new cases and applications to the attention of the Acting Chief Justice.
This directive included the assignment of courts, empaneling of judges where there is more than one court, and the fixing of dates for hearings.
The memorandum stated that this new directive superseded all previous directives and will remain in effect until further notice.
However, the GBA said “Recognizing that the directive by His Lordship, the Acting Chief Justice on the assignment of cases by his office is uncertain and having regard to the importance of technology and the urgency of justice delivery, the Ghana Bar Association respectively requests that this directive be withdrawn and the use of technology in the assignment of cases to the courts be enhanced.”
Enactment of regulations
The GBA has again called 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, particularly in the context of the impeachment or removal of such officers.
Denunciation of prejudicial Comments
The Bar Association has denounced any and all unsubstantiated political commentary or statements that seek to undermine the authority, independence, and integrity of the Judiciary.
“The Association affirms its commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks,” the GBA stated in the resolution.
Other matters affecting the nation
The GBA has also deliberated on other matters affecting the nation and called for prompt action to prevent escalation of those cases.
The issues include illegal mining popularly known as galamsey and destruction of the environment, the Bawku conflict and the unresolved Ablekuma North parliamentary election.
Galamsey
The GBA bemoaned the grave threat that illegal mining activities pose to Ghana’s environment, water bodies, farmlands, and public health.
It has therefore condemned the ongoing galamsey activities across the country and called for immediate, decisive, and sustained action by all arms of government, law enforcement agencies, and relevant stakeholders to eradicate the menace.
It urged the Judiciary to prioritize and expedite the hearing of galamsey related cases, ensuring that offenders are held accountable in accordance with the law, without fear or favour.
Bawku conflict
The GBA noted with deep concern the conflict in Bawku, recognising its devastating impact on lives, property, and national cohesion.
Accordingly, it has commended the urgent and genuine mediation efforts in the Bawku conflict, emphasizing the importance of peace, dialogue, and national unity.
The GBA pledged its support for “the involvement of eminent chiefs across Ghana, whose wisdom, neutrality, and traditional authority are critical in fostering reconciliation and lasting peace.”
The Association further called for strong and unwavering support for the Asantehene, Otumfuo Osei Tutu II, and all traditional authorities engaged in the mediation process.
It similarly entreated all parties to cooperate fully and respect the outcomes of mediation efforts aimed at restoring peace to Bawku.
The GBA said it was committed to using its voice and platform to advocate for a peaceful resolution and will support any constitutional and legal measures necessary to secure enduring peace in Bawku.
Unresolved Ablekuma North parliamentary election
The GBA has expressed its concerns over the lack of parliamentary representation for the people of Ablekuma North, despite their active participation in the 7 December 2024 elections.
It called on the Electoral Commission, the 2024 Election Security Task Force, particularly, the Ghana Police Service, and other relevant authorities to take immediate and necessary steps to resolve the situation by completing the collation process and declaring the results of the parliamentary elections so as to uphold the democratic rights of the people of Ablekuma North.
