The Minister of State in charge of Government Communications, Felix Kwakye Ofosu, has accused the Ghana Bar Association (GBA) of demanding a flagrant breach of the 1992 Constitution over its call for the reinstatement of suspended Chief Justice Gertrude Torkornoo.
Reacting to the GBA’s appeal for reconsideration, made during the memorial of the murdered High Court judges on June 30, Mr Ofosu described the Association’s stance as “surprising” and “unconstitutional.”
“It is surprising that no less a body than the Ghana Bar Association can ask for a willful and blatant violation of the 1992 Constitution simply because of the individual involved,” he said on JoyNews’ Top Story on Monday, June 30.
He argued that the constitutional process triggered against the suspended Chief Justice should not be sacrificed on the altar of sentiment or symbolism, no matter the stature of the person involved.
“How then can it be said that because somebody occupies a certain position, even when the Constitution dictates specific processes… those processes must be abandoned because of the sensitivity of the position? I don’t think that is proper,” he stated.
According to Mr Ofosu, the GBA’s call risks undermining the very legal order the Association is meant to protect.
“These calls that the GBA consistently makes are completely at variance with their mandate. They are essentially saying that justice should remove its blindfold simply because of who is involved,” he argued.
He also dismissed attempts to draw a parallel between the current process to investigate petitions against Justice Torkornoo and the 1982 murders of the judges, calling it an “emotional abuse” of the moment.
“If we get to a juncture where no matter one’s position in Ghana, you can be subjected to due process, it will mean a triumph of governance in this country,” he added.
Kwakye Ofosu maintained that President John Mahama has acted in strict accordance with the Constitution, and there is nothing extra-constitutional about the decision to suspend the Chief Justice pending the outcome of the committee’s inquiry.
Justice Gertrude Torkornoo was suspended by President Mahama after a prima facie case was established by the Chief Justice (in line with Article 146 procedures) based on separate petitions.
The move has drawn mixed reactions, with some civil society groups and legal bodies, including the GBA, calling for restraint or reversal in the interest of judicial independence.
