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Respect the Rule of Law – GBA to parties in Chief Justice removal process

by The Sikaman Times
April 24, 2025
Efua Ghartey

President of the Ghana Bar Association, Efua Ghartey

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The Ghana Bar Association (GBA) has issued a formal statement addressing the ongoing process for the removal of the Chief Justice, following her recent suspension by the President of the Republic of Ghana.

According to the GBA, its General Council has been closely monitoring developments over the past two months.

As of March 27, 2025, three petitions had been submitted seeking the Chief Justice’s removal, and two separate cases challenging the procedure had been filed at the Supreme Court, accompanied by applications for injunctions.

In a statement dated April 24, 2025, the GBA affirmed its constitutional role in defending justice and safeguarding judicial independence.

“The GBA concerns itself with matters affecting the Legal Profession, which include but are not limited to defending and upholding Freedom and Justice in Ghana, and the maintenance of the independence of the Judiciary,” the Association said.

The Association highlighted the constitutional provisions governing the removal of a Chief Justice, particularly Article 146 (6) to (10) of the 1992 Constitution, which outlines the composition of the investigative committee and allows for the Chief Justice’s suspension during proceedings.

“The sittings of the Committee shall be held in camera and the President, acting in accordance with the advice of the Council of State, may suspend the Chief Justice,” the GBA noted.

While recognizing that the matter is currently sub judice, the GBA urged all parties involved to uphold the principles of justice and constitutionalism. “It is the hope and belief of the GBA that the actors involved in the whole process would have the time-tested tenets of the Rule of Law as their guiding principles and, in its application, follow the Spirit of the Law,” the statement emphasized.

The Association further urged discretion in handling the matter, referencing Article 296 of the Constitution. “It is expected that persons who play even the minutest role in this process will bear in mind Article 296… and act in a manner that safeguards and enhances the independence and image of the Judiciary,” it stated.

Reaffirming its mandate, the GBA pledged to continue defending the integrity of Ghana’s justice system. “The GBA shall carry out its mandate to defend, strengthen and enhance confidence in the justice delivery system in Ghana,” the statement concluded. “The GBA shall remain the conscience of society, the voice of the voiceless and act to safeguard the Rule of Law and uphold the Constitution of the Republic which embodies the wishes and aspirations of the people of Ghana.”

The statement was jointly signed by GBA National President, Mrs. Efua Ghartey, and National Secretary, Mr. Kwaku Gyau Baffour.

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