Thaddeus Sory a renowned legal practitioner has told the Ghana Bar Association (GBA) to go to court if it has a case on President John Dramani Mahama’s suspension of Chief Justice Gertrude Torkornoo.
According to Thaddeus Sory, the Ghana Bar Association does not to threats or rhetorical outrage.
His comments follow the Ghana Bar Association (GBA) ordering President John Dramani Mahama to immediately revoke the suspension of Chief Justice Gertrude Torkornoo.
According to the Ghana Bar Association, the suspension of the Chief Justice is unconstitutional and lacks a legal basis under Ghana’s 1992 Constitution.
The GBA in a statement dated April 26, stated, “The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional”.
The Ghana Bar Association also directed President Mahama to release the full decision establishing a prima facie case against Chief Justice Torkornoo.
Thaddeus Sory in a write-up on Facebook stated, “Therefore, anyone constitutionally recognized as the Chief Justice, including one serving in an acting capacity, is empowered by law and practice to assign cases. The suspended Chief Justice exercised that function while in office. Now, the Acting Chief Justice must do the same.”
“The Bar’s position implies that the powers of the office are personal to the suspended Chief Justice. But when she was in office, the Bar raised no objections as she reassigned judges and altered case allocations. Did they then suggest she rely on an algorithm or random generator to assign cases? Were her removals and replacements of judges questioned?”, he added.
Thaddeus Sory further dared the Bar, “Where was the Bar when the suspended Chief Justice issued unconstitutional and unlawful administrative guidelines and practice directions, actions that not only violated legal norms but also resulted in financial loss to the Republic through ill-conceived launches?”
“And if the Bar claims ignorance, I wrote publicly on those very matters. There is no need for threats or rhetorical outrage. If the Bar believes it has a case, let it go to court,” he stated.
He also questioned the effectiveness of the GBA’s past legal efforts, adding, “But history is not on their side. Past attempts have yielded embarrassing defeats. Even outside of constitutional litigation, our respected colleague Ward Brew has repeatedly prevailed in court against the Bar. The law is not the sole preserve of the Bar’s interpretation,” he stated.
Meanwhile, Justice Srem Sai the Deputy Attorney General and Minister of Justice has accused the Ghana Bar Association is attempting to circumvent the constitution.
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