The Legal professional Common, Dr Dominic Ayine, has firmly rejected a joint assertion issued by the Bar Council of England and Wales (BCEW) and the Commonwealth Attorneys Affiliation (CLA) which criticised the suspension of Chief Justice Gertrude Torkornoo.
In line with Dr Ayine, the suspension absolutely accords with the provisions of Ghana’s Structure and can stay in drive till the conclusion of a judicial inquiry.
In an in depth response launched on Thursday, 15 August, the Legal professional Common accused the 2 authorized associations of creating pronouncements with out familiarising themselves with the related constitutional framework and the details of the matter.
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He burdened that the federal government’s resolution didn’t quantity to “a constitutional breach nor an govt overreach.”
Dr Ayine defined that the suspension was undertaken in strict conformity with Article 146 of the 1992 Structure, which outlines the process for addressing allegations towards members of the judiciary.
The method, he famous, was triggered by three separate petitions submitted by 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, composed of eminent statesmen.
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The Council reviewed each the petitions and the Chief Justice’s written response earlier than figuring out {that a} prima facie case had been established. Following this, an unbiased inquiry committee was arrange, chaired by a Justice of the Supreme Courtroom.
The Legal professional Common additional disclosed that the Chief Justice and her legal professionals had tried to halt the proceedings by looking for injunctions and judicial opinions.
Nonetheless, each the Supreme Courtroom and the Excessive Courtroom dismissed their purposes as “missing in advantage.” He added that the Chief Justice has since taken the matter earlier than the ECOWAS Courtroom, the place the Authorities of Ghana is defending its place.
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Dr Ayine noticed that it was ironic for the BCEW and CLA to advance arguments which have already been rejected by Ghana’s personal courts.
He affirmed that the suspension of the Chief Justice would stay in place till the inquiry committee has concluded its work and introduced its report, emphasising that underneath Article 146, the President is sure by the committee’s findings and can’t act unilaterally.
