Accra: Mr Sammy Gyamfi, Acting Chief Executive Officer of GOLDBOD, has criticised the Ghana Bar Association’s (GBA) stance on the prima facie case against Chief Justice Gertrude Sackey Torkornoo, labeling it as ‘ridiculous and mischievous.’ He contends that the Association’s position is not grounded in legal principles.
According to Ghana News Agency, Mr Gyamfi highlighted instances of the GBA’s selective silence, particularly during previous controversies involving the New Patriotic Party. He cited the suspension of four High Court judges under President Akufo-Addo and incidents of violence against a court and a pregnant judge by alleged party supporters. Gyamfi’s remarks were made during a discussion on a television current affairs program based in Accra.
Mr Gyamfi further criticised the GBA’s claim that President Mahama’s suspension of the Chief Justice violated Article 296(c) of the Constitution, describing their demand for revocation as politically motivated. He noted the backlash on social media against the GBA, indicating public dissatisfaction with its conduct.
Defending President Mahama’s actions, Mr Gyamfi stated that the suspension adhered to constitutional processes. He explained that the President, in line with Article 146 of the 1992 Constitution, consulted the Council of State and acted only after 30 out of 31 Council members advised that a prima facie case was established.
The suspension of Chief Justice Torkornoo by President John Dramani Mahama occurred on Tuesday, April 22, following the establishment of a prima facie case concerning three petitions for her removal. This decision was made under Article 146(6) of the 1992 Constitution, with consultations from the Council of State, leading to the formation of a five-member committee to investigate the allegations.
The GBA, during its mid-year conference, resolved to ask President Mahama to revoke the Chief Justice’s suspension, deeming it ‘unconstitutional.’ Mr Gyamfi, also the National Communications Officer of the National Democratic Congress, argued that President Mahama’s actions were fair, noting that specific allegations were dismissed during the review process.
Mr Andrew Egyapa Mercer, a former Member of Parliament for Sekondi, voiced doubt over the basis and process of the Chief Justice’s suspension, questioning the establishment of a prima facie case. He emphasized the importance of adhering to constitutional processes in legal matters concerning the Chief Justice.
Mr Mercer also supported the GBA’s call for revocation of the suspension, arguing against claims of conflict of interest regarding Chief Justice Torkornoo’s role in judicial appointments. He announced a planned protest to defend judicial integrity.
Dr Theo Acheampong, a Political Risk Analyst and Economist, while welcoming the GBA’s stance, questioned its moral authority and legal strength, suggesting that its resolution seemed politically influenced. He urged the GBA to seek judicial interpretation if it believed the President’s actions were unconstitutional, advocating for accountability and transparency in addressing the issue.
