Lawyer Thaddeus Sory has called on the Ghana Bar Association (GBA) to pursue legal action if it believes the recent suspension of Chief Justice Gertrude Torkornoo by President John Dramani Mahama is unconstitutional.
His comments follow a statement issued by GBA’s Public Relations Officer, Saviour Kudze, who raised concerns over the President’s application of Article 146(10) of the 1992 Constitution.
Kudze emphasized that the exercise of such constitutional discretion should be regulated to prevent misuse and to uphold principles of accountability, suggesting that a formal legal framework should have guided the President’s actions.
However, Sory, in a sharply worded Facebook post titled “Revoke and Suspend the Bar”, questioned the legal foundation of the GBA’s position and accused the association of inconsistency. He noted the Bar’s delayed response and pointed out contradictions between its latest resolution and earlier public statements.
He argued that administrative functions, such as case assignments, lie with the office of the Chief Justice and are not tied to the individual occupying the role. Therefore, in his view, the Acting Chief Justice is fully within legal bounds to carry out such duties.
Sory also criticized the GBA for failing to challenge certain administrative decisions made by Justice Torkornoo during her tenure, including actions he described as unconstitutional and financially burdensome.
Referring directly to Article 146(10), Sory clarified that the President’s power to suspend the Chief Justice is conditional on the advice of the Council of State. He contended that once such advice is given, the President is constitutionally required to act, and that the use of the word “may” in the provision does not imply discretionary power to disregard that advice.
He concluded by urging the GBA to test its claims in court rather than relying on public pressure, noting that the association’s past legal battles have not been favorable.
“The law is not in the bosom of the Bar,” Sory stated, cautioning the GBA againstassuming authority over constitutional interpretation.