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Ghana Bar Association Demands Full Disclosure of Prima Facie Decision Against Chief Justice

GBA calls for transparency, condemns unconstitutional suspension and political interference

The Ghana Bar Association (GBA) has called on President John Mahama to release the full decision outlining the prima facie case established against the Chief Justice, citing the need for transparency, due process, and adherence to constitutional precedent.

In a resolution signed by GBA National President Mrs. Efua Ghartey and National Secretary Kwaku Gyau Baffour, the Association emphasized that fairness and openness should guide all actions in such a critical matter concerning the Judiciary.

The statement was issued following the GBA’s mid-year conference, where the Association strongly condemned politically motivated and unsubstantiated commentary that, in its view, undermines the independence and integrity of the Judiciary.

Reaffirming its role as a defender of judicial sanctity, the GBA pledged to take all necessary legal steps to protect the Judiciary from undue interference, particularly in politically sensitive matters.

Earlier, the Association had urged the committee tasked with reviewing petitions against the Chief Justice to adhere strictly to the rule of law and constitutional requirements. It stressed that all actors involved must comply with Article 296 of the 1992 Constitution, which governs the exercise of discretionary powers, to uphold the integrity of the judicial process.

Regarding the recent suspension of the Chief Justice, the GBA called for its immediate reversal, describing the move as unconstitutional. The Association argued that President Mahama—who is neither a judge nor a judicial officer—acted under Article 146(10) of the Constitution without issuing a Constitutional Instrument, Statutory Instrument, or Regulation as mandated by Article 296.

In addition, the GBA urged the establishment of clear, codified regulations under Article 146 to ensure accountability, transparency, and fairness in proceedings involving justices of the Superior Courts, especially in matters of impeachment or removal.

President Mahama, acting under Article 146(6) and after consultations with the Council of State, had earlier determined that a prima facie case had been established in response to three petitions filed against the Chief Justice. A committee has since been formed in accordance with the constitutional provision.

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