LINSOD urge President Mahama to ignore GBA's request to reverse suspension of Chief Justice

Lawyers in Search of Democracy (LINSOD), a legal and civil society organisation, has urged President John Dramani Mahama to disregard the resolution by the Ghana Bar Association (GBA) calling for the revocation of the suspension of Chief Justice Her Ladyship Gertrude Araba Esaaba Torkornoo.

The group, which claims to comprise members of the GBA, emphasised that the President acted lawfully in suspending Chief Justice Torkornoo, as he followed due process as outlined in Article 146(10) of the 1992 Constitution regarding the removal of such officers.

Speaking at a press conference on Wednesday, April 30, in Accra, LINSOD President, Eric Delanyo Alifo, stated that, in accordance with Article 146(10)(a) of the Constitution, the President, by a warrant and on the advice of the Council of State, suspended the Chief Justice pending the outcome of investigations into allegations made against her.

“It is important to note that, in line with Article 146(6) of the 1992 Constitution and a Supreme Court decision in Frank Agyei Twum vs. Attorney General and Bright Akwetey [2006], President John Dramani Mahama, upon receiving the petitions, duly consulted with the Council of State and forwarded the petitions to the Chief Justice, Mrs. Torkornoo, to allow her to provide her initial response. This step enabled the President and the Council of State to assess whether the petitions disclosed a prima facie case against the Chief Justice,” he explained.

"The Ghana Bar Association, in their resolution, has not demonstrated any evidence of procedural impropriety, bias, arbitrariness, or unfairness in the suspension of the Chief Justice to warrant its call on the President to revoke the suspension." 

"We therefore wish to restate that we find the Association's resolution ignominiously procured, and we call on the President of the Republic to ignore the said resolution as one of the many small noises of the NPP and its GBA affiliate. The law is the law," and the Ghana Bar Association must not prescribe anything else other than the law," he said.

Double standards

He said that on April 24, the Ghana Bar Association (GBA) issued a cautious statement that found no fault with President Mahama’s handling of the process.

The statement merely advised the President and all parties involved to continue upholding the principles of the Constitution.

However, unexpectedly, on Saturday, April 26, the GBA released a purported resolution—reportedly passed by fewer than 50 of the over 8,000 lawyers in Ghana—condemning the manner in which President Mahama had managed the removal process of the Chief Justice, and calling on him to revoke the suspension.

"Upon reading the said resolution, we noted with disdain and utter shock the contradictory positions taken by the Ghana Bar Association in its statements of April 24 and April 29. The Association has demonstrated glaring double standards in this matter, which is deeply shameful," he emphasised.

"Having closely observed the ongoing constitutional process outlined in Article 146 for the removal of Justices of the Superior Courts—and specifically the case involving Chief Justice Mrs. Torkornoo—we at LINSOD cannot help but express tremendous admiration for His Excellency President John Mahama. His strict adherence to due process and his commitment to upholding the rule of law and constitutionalism are commendable," he added.

NPP influence

He also stated that reports from the recent mini-Bar conference indicated that a few elements within the Ghana Bar Association (GBA), aligned with the New Patriotic Party (NPP), were dissatisfied with the Association’s earlier statement, which did not support the NPP’s stance on the removal of the Chief Justice. 

He added that these individuals allegedly hijacked the proceedings, argued relentlessly with some executives, disrupted the meeting, and pressured the Association’s leadership into voting on a resolution that unjustly condemned President John Mahama’s decision.

The group further argued that the same constitutional process had been used in previous cases—such as the 2024 petition by Professor Stephen Kwaku Asare against the Chief Justice, and the 2018 case involving Madam Charlotte Osei, which was concluded using this procedure.

“The Bar executives, regrettably, succumbed to the pressure and allowed the unthinkable to happen. The baseless resolution was thus ignominiously adopted, exposing the Association to ridicule—especially in light of its earlier statement on April 24, 2025,” he explained.

“In fact, throughout the process until yesterday, the only individuals or groups who expressed consistent dissatisfaction were members of the New Patriotic Party,” he added.

Prima facie

The group also argued that the GBA's demand for the President to publicly disclose the proceedings that led to the establishment of a prima facie case against the Chief Justice—while the removal process is still ongoing—amounts to encouraging the President to act unlawfully.

They emphasised that such a request contradicts the very contents of the Association's own statement issued on April 24, 2025.

“We find the Bar Association’s position not only strange but also absurd, as it directly contradicts the well-established procedures affirmed in the Agyei Twum case. It is demeaning and deeply offensive to the fundamental principles of democracy,” the group stated.

“Of course, the finding of a prima facie case and the suspension of the Chief Justice do not constitute a declaration of guilt. It is, therefore, deeply puzzling that the Ghana Bar Association would sensationalise a straightforward constitutional process. In fact, all documents involved in such proceedings are meant to remain confidential among the relevant parties, a point that remains unchallenged—even by the GBA’s leadership.”

Background

On Saturday, April 26, the Ghana Bar Association (GBA), during its mid-year conference, called for the immediate revocation of the suspension of Chief Justice Gertrude Torkornoo, describing the action as unconstitutional and lacking legal basis under Ghana’s 1992 Constitution.

The Association argued that the suspension was carried out without the backing of any published Constitutional Instrument, Statutory Instrument, or regulation to govern the exercise of such presidential discretion, thereby constituting a violation of Article 296 of the Constitution.

Beyond calling for the revocation, the GBA also urged the government to enact clear and comprehensive regulations to guide all procedures under Article 146, which governs the impeachment or removal of justices of the Superior Courts.