‘GBA has finally found its voice’ – Prof Azar stings association over resolution to reinstate CJ Torkornoo

Renowned US-based Ghanaian lawyer and scholar, Professor Stephen Kwaku Asare (popularly known as Kwaku Azar), has strongly criticized the Ghana Bar Association (GBA) following reports that it passed a resolution urging President John Dramani Mahama to revoke the suspension of Chief Justice Gertrude Torkornoo.

In a statement shared on X (formerly Twitter) on Sunday, April 27, 2025, Professor Azar noted that the GBA appears to have “found its voice” under the current National Democratic Congress (NDC) administration. However, he emphasized that until the association addresses the serious constitutional issues raised against the Chief Justice, it should suspend its resolution.

“Less than a week after calling for the rule of law to prevail, the GBA has reversed course — now urging the President to revoke the suspension of the Chief Justice,” Azar wrote.

“It’s good that the GBA has finally found its voice. We would now like to hear that voice on these pressing constitutional matters. Until the GBA meaningfully addresses these serious constitutional questions, it ought to suspend its resolution.”

Constitutional Questions Raised by Professor Azar:

Professor Azar outlined several constitutional issues he believes the GBA must address:

1. Supreme Court Nominations:
   Does the GBA support the Chief Justice personally selecting and submitting five nominees for Supreme Court appointment — contrary to Article 144(2) of the Constitution?

2. Nomination Criteria:
   Will the GBA explain the criteria the Chief Justice used in choosing her nominees, and whether these choices meet standards of merit, transparency, and fairness?

3. Bypassing the Judicial Council:
   Does the GBA condone the Chief Justice bypassing the Judicial Council, the body constitutionally tasked with recommending Supreme Court nominees?

4. Secret Backroom Deals:
   Does the GBA endorse alleged secret negotiations between the Chief Justice and the Executive over judicial appointments?

5. Panel Reconstitution:
   Will the GBA defend or condemn the alleged practice of reconstituting Supreme Court panels to influence case outcomes — undermining judicial independence?

6. Unconstitutional Directives:
   Does the GBA believe the Chief Justice can issue administrative directives that bypass established constitutional procedures?

Background

According to a report by thelawplatform.online, the Ghana Bar Association passed a resolution at its Mid-Year Conference held at Labadi Beach Hotel, Accra, on April 26, 2025, calling on President Mahama to revoke Chief Justice Torkornoo’s suspension.

Reports indicate that many members were dissatisfied with the suspension process, including the determination of a prima facie case by President Mahama and the Council of State, following three separate petitions seeking the Chief Justice’s removal.

GBA members also expressed frustration with the leadership’s earlier statement on the matter, describing its tone and content as inappropriate, given the seriousness of the situation.

In response, GBA President Efua Ghartey explained that the earlier statement had been issued without access to the full details of the petitions, and emphasized that the association retains the authority to pass resolutions on the issue moving forward.

The GBA has also indicated its intention to submit a formal petition challenging the removal process.