The Lawyer Common, Dr. Dominic Ayine, has strongly rebuffed a joint assertion from the Bar Council of England and Wales (BCEW) and the Commonwealth Legal professionals Affiliation (CLA) criticising the suspension of Chief Justice Gertrude Torkornoo.
The Lawyer Common acknowledged that the suspension is totally compliant with the Structure of Ghana and won’t be lifted till a judicial inquiry is accomplished.
In a complete response issued as we speak (August 15), Dr. Ayine accused the international authorized our bodies of constructing a press release with out acquainting themselves with the related constitutional provisions and factual particulars of the matter.
He emphasised that the federal government’s actions had been neither a constitutional breach nor an govt overreach.
The Lawyer Common outlined the method adopted, as mandated by Article 146 of Ghana’s 1992 Structure.
The process, which is designed to guard judicial independence, was triggered by three separate petitions from Ghanaian residents alleging “acknowledged misbehaviour and incompetence” on the a part of the Chief Justice.
After receiving the petitions, the President sought recommendation from the Council of State, a physique of eminent individuals.
The Council of State reviewed the petitions and the Chief Justice’s response and concluded {that a} prima facie case had been established. Subsequently, an impartial inquiry committee was constituted, chaired by a Supreme Court docket Justice.
Dr. Ayine highlighted that the Chief Justice and her associates have already sought to halt the proceedings by means of authorized motion, however their functions for injunctions and judicial evaluate have been dismissed by each the Supreme Court docket and the Excessive Court docket as “missing in advantage.”
The Lawyer Common additionally revealed that the Chief Justice has taken her case to the ECOWAS Court docket, which the Authorities of Ghana is at the moment defending.
He famous the irony that the joint assertion from the BCEW and CLA echoed arguments which have already been rejected by Ghana’s courts.
Dr. Ayine affirmed that the suspension will stay in impact till the inquiry committee completes its work and submits its report.
He confused that by the provisions of Article 146, the President is sure by the committee’s findings and can’t act unilaterally.
Under is the total response.
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