Private legal practitioner, Thaddeus Sory, has strongly criticised the Ghana Bar Association (GBA), describing its call for President John Mahama to revoke the suspension of Chief Justice Gertrude Torkornoo as “legally flawed and disrespectful”
His comments follow a statement issued by the GBA on April 26, in which the Bar urged the President to reverse his decision, arguing that the suspension of the Chief Justice was “unconstitutional.”
According to the GBA, President Mahama, who is neither a judge nor a judicial officer, exercised discretion “in the absence of a published Constitutional Instrument, Statutory Instrument or Regulation(s)” as required under Article 296 of the 1992 Constitution.
In a response issued on Tuesday, April 29, Mr. Sory stated that the GBA’s demands are “not only legally flawed and disrespectful, but they also expose a troubling inconsistency in the Bar’s reasoning.”
Citing Article 146(10) of the Constitution, he explained that, “the President may, acting in accordance with the advice of the Council of State, suspend the Chief Justice.”
He clarified that the constitutional language means the President is required to act once such advice is received.
“The word ‘may’ here does not grant discretion to act unilaterally. Once advised by the Council of State, the President is constitutionally bound to act — he must suspend,” the lawyer said.
Addressing the GBA’s indication that it may seek legal redress if the suspension is not revoked, Mr. Sory responded that, “there is no need for threats or rhetorical outrage.”
“If the Bar believes it has a case, let it go to court. But history is not on their side. Past attempts have yielded embarrassing defeats,” he added.
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