Mr Sammy Gyamfi, Acting Chief Executive Officer of GOLDBOD, has described the Ghana Bar Association’s position on the prima facie case against Chief Justice Gertrude Sackey Torkornoo as “ridiculous and mischievous”, which is not born out of the Law.
He accused the Association of selective silence, citing their inaction during previous instances involving the New Patriotic Party, including the suspension of four High Court judges under President Akufo-Addo and attacks on a court and a pregnant judge by alleged party supporters.
Mr Gyamfi said this on Saturday during a discussion on an Accra-based television current affairs programme.
He criticised the GBA’s assertion that President Mahama’s suspension of the Chief Justice violated Article 296(c) of the Constitution, adding that their demand for the revocation of the suspension was politically biased.
He said the backlash the GBA had received on social media reflected the growing public dissatisfaction with its conduct.
Mr Gyamfi defended President Mahama’s actions, arguing that the suspension of the Chief Justice followed due constitutional process.
He said the President, acting in accordance with Article 146 of the 1992 Constitution, consulted the Council of State, shared the Chief Justice’s responses with them, and only acted after 30 out of 31 Council members advised that a prima facie case had been established.
President John Dramani Mahama suspended Chief Justice Torkornoo on Tuesday, April 22, after a prima facie case was established in relation to three separate petitions calling for her removal.
The decision was made under Article 146(6) of the 1992 Constitution, in consultations with the Council of State.
The President subsequently set up a five-member committee to probe the allegations.
The GBA, in a resolution at its mid-year conference, asked President Mahama to revoke the suspension of the Chief Justice, describing his action as “unconstitutional.”
Mr Gyamfi, also the National Communications Officer of the National Democratic Congress, in his reaction, cited specific allegations that were dismissed during the review process, demonstrating the President Mahama’s fairness and impartiality.
He said it was proper for the Chief Justice to step aside, given the seriousness of the allegations and the need to protect the integrity of the ongoing process.
Mr Andrew Egyapa Mercer, former Member of Parliament for Sekondi, questioned both the basis and the process for the Chief Justice’s suspension, expressing doubt that a prima facie case had been properly established.
He said while the Chief Justice was not above the law, legal processes regarding the matter must be conducted in line with the letter and spirit of the Constitution.
Mr Mercer argued that although Article 146 outlined the procedure for removal of a Chief Justice, the lack of published regulations to guide the President’s discretionary powers under Article 296 undermined the legitimacy of the suspension.
He endorsed the GBA’s call for a revocation of the suspension.
Mr Mercer rejected arguments by critics that Chief Justice Torkornoo’s recommendation of judicial appointments, while also chairing the Judicial Council, created a conflict of interest.
“She is the head of the judiciary… If she believes certain judges have excelled and should be promoted, it is within her right to trigger the process,” he explained. “Who says the President is bound to listen to her recommendations?” he asked.
He urged Ghanaians to join a planned protest on Monday morning, May 5, to defend the integrity of the judiciary.
Dr Theo Acheampong, Political Risk Analyst and Economist, while welcoming the GBA’s position, questioned its moral authority and timing, arguing that its resolution appeared politically tinted and legally weak.
He urged the GBA to seek judicial interpretation if it believed the President had acted unconstitutionally.
“…For me, as a political observer, just looking at all the legal arguments, looking at the optics around it, it is quite clear to me that what they have put out has a tint of politics with it. And we must speak to power around this issue,” he said.
GNA
