The Ghana Bar Affiliation (GBA) has lastly responded to President John Mahama’s decision to suspend the Chief Justice, Her Ladyship Justice Gertrude Esaaba Sackey Torkornoo.
The Chief Justice was suspended on Tuesday, twenty second April, in accordance with Article 146(6) of the 1992 Structure.
The choice adopted consultations between the President and the Council of State, after the institution of a prima facie case arising from three separate petitions submitted in opposition to her.
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The suspension has since sparked widespread public debate, with the opposition New Patriotic Party (NPP) criticising the move as an assault on the Judiciary.
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In an announcement dated twenty fourth April and signed by its Nationwide President, Efua Ghartey, the GBA acknowledged the existence of the petitions in search of the elimination of the Chief Justice and referenced the related provisions of Article 146(6) and (7) of the Structure.
The affiliation additionally acknowledged the constitutional course of for the establishment of an investigative committee to probe the petitions, stating:
The GBA additionally notes the provisions of Article 146(8), (9) and (10), which point out that the sittings of the Committee shall be held in digicam and that the President, performing in accordance with the recommendation of the Council of State, might droop the Chief Justice.
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The GBA due to this fact referred to as on all events to uphold the rule of regulation and permit due course of to take its course:
Whereas the GBA recognises the constitutional prescriptions for the elimination of the Chief Justice underneath Article 146(6) to (10) of the Structure, and is aware of the truth that the matter is presently sub judice, it’s the hope and perception of the GBA that each one actors concerned within the course of shall be guided by the time-tested tenets of the Rule of Regulation and, in its software, comply with the spirit of the regulation.
The assertion continued:
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It’s anticipated that individuals who play even essentially the most minor function on this course of will keep in mind Article 296 of the 1992 Structure, which governs the train of discretion, and can act in a way that safeguards and enhances the independence and picture of the Judiciary. Justice emanates from the nice folks of Ghana and is run by the Judiciary, headed by the Chief Justice.
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The GBA reaffirmed its dedication to finishing up its mandate to defend, strengthen, and improve public confidence in Ghana’s justice supply system.
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