The Ghana Bar Association (GBA) has cautioned the five-member committee constituted to investigate the petitions seeking the removal of the Chief Justice to exercise restraint in the use of their discretionary powers, in order to safeguard the independence and image of the Judiciary.
In a statement, the association reaffirmed its commitment to defending, strengthening, and enhancing public confidence in the judiciary, implicitly signaling its support for the Chief Justice, as the head of the justice delivery system, an institution they say must be protected.
“It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution regarding the exercise of discretion, and act in a manner that safeguards and enhances the independence and image of the Judiciary. Justice emanates from the good people of Ghana and is administered by the Judiciary, headed by the Chief Justice,” the statement said.
According to the GBA, the General Council of the Association has been monitoring the developments surrounding the Chief Justice’s potential removal and is concerned about the matter’s implications for the legal profession, particularly in relation to the Codes of Ethics and Regulations of the GBA.
While acknowledging that the matter is currently before a committee and the Supreme Court pending determination, the GBA appealed to all persons involved in the process to be guided by the rule of law in assessing the merits of the case, especially given the constitutional requirement for the President to act upon its findings in consultation with the Council of State.
“While the GBA recognises the constitutional provisions for the removal of the Chief Justice under Article 146 (6) to (10) of the Constitution, and mindful of the fact that the matter is currently sub judice, it is the hope and belief of the GBA that all actors involved in the process will be guided by the time-tested tenets of the Rule of Law and, in its application, follow the spirit of the law,” the statement added.
The Ghana Bar Association concluded by reaffirming its dedication to remaining the “voice of the voiceless” and continuing to protect the Rule of Law.
“The GBA shall remain the conscience of society, the voice of the voiceless, and act to safeguard the Rule of Law and uphold the Constitution of the Republic, which embodies the wishes and aspirations of the people of Ghana.”
Co- Author: Salomey Barnor