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GBA demands full disclosure of Prima Facie decision against Chief Justice

Sackey Torkornoo
Former Chief Justice Gertrude Sackey Torkonoo.
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The Ghana Bar Association (GBA) has urged President John Mahama to release the full decision establishing a prima facie case against the Chief Justice, citing established precedent.

The Association said that transparency and fairness should guide the process.

In a resolution signed by National President Mrs. Efua Ghartey and National Secretary Kwaku Gyau Baffour after its mid-year conference, the GBA condemned unsubstantiated political commentary that undermines the Judiciary’s independence and integrity.

It reaffirmed its commitment to protecting the sanctity of the judicial process and pledged legal measures to safeguard the Judiciary from undue interference or attacks.

The GBA earlier urged the Committee reviewing petitions against the Chief Justice to uphold the Rule of Law.
It emphasized that all individuals involved should act in accordance with Article 296 of the 1992 Constitution to preserve the Judiciary’s independence and image.

On the suspension of the Chief Justice, the Bar Association called for its immediate revocation, arguing that it was unconstitutional. It noted that the President, not being a judge or judicial officer, exercised discretion under Article 146(10) of the 1992 Constitution without a published Constitutional Instrument, Statutory Instrument, or Regulation, as required by Article 296.

The GBA also called for clear regulations under Article 146 of the Constitution to ensure transparency, accountability, and fairness in proceedings involving Superior Court justices, particularly in impeachment or removal cases.

Acting under Article 146(6) of the Constitution and after consultations with the Council of State, President Mahama determined that a prima facie case had been established in response to three petitions against the Chief Justice.

Consequently, a committee has been established in line with Article 146(6) and in consultation with the Council of State.

READ FULL STATEMENT BELOW

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