Retired Supreme Court Judge Justice William Atuguba has strongly criticised the Ghana Bar Association (GBA) over its position regarding President John Dramani Mahama’s suspension of Chief Justice Gertrude Torkonoo.
Justice Atuguba described the GBA’s activities as repugnant and chastised the umbrella body for Ghana’s lawyers for being selective in their engagement on national issues.
The GBA had intensified its opposition to Mr Mahama’s suspension of the Chief Justice, warning of imminent legal action unless the directive is revoked. Its stance was outlined in a National Executive Council resolution from its recent mid-year conference, where it declared the suspension unconstitutional.
According to the GBA, President Mahama, who is neither a judge nor a judicial officer, exercised discretion “in the absence of a published Constitutional Instrument, Statutory Instrument or Regulation(s)” as required under Article 296 of the 1992 Constitution.
Responding to the issue on The Pulse aired on Joy News on Tuesday, 7 May, Justice Atuguba accused the Bar of varying its vocalism according to which political party holds power.
He recalled that in 2015, former Chief Justice Georgina Wood had delegated him to represent her at Law Week celebrations, where he noted in his lecture that “The Ghana Bar Association appears to be moved to comment on national issues according to their political colouration”.
“I think during Kufuor’s time, they started muting their voices… The proper approach is to be consistently vocal and proactive, and what they were doing contradicted that. Now, when the NDC comes to power, you hear them again,” he said.
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The eminent retired judge added that President Mahama had not violated any constitutional provisions in suspending the Chief Justice.
“I think originally they [GBA] adopted a balanced position on this matter… So, which law have they now found to have been broken?” he questioned.
Justice Atuguba also criticised the opposition New Patriotic Party (NPP) over its handling of the Chief Justice’s suspension, dismissing its response as “rubbish” and suggesting it merely advanced their political narrative.
This came as the Supreme Court, in a narrow 3-2 ruling on Tuesday, 7 May, dismissed a case brought by Old Tafo MP Ekow Vincent Assafuah challenging the President’s decision to suspend and initiate removal proceedings against the Chief Justice following misconduct allegations.
“Scanning through the events in court, that is rubbish,” Justice Atuguba stated, arguing that the NPP had raised no objections when Justice Torkonoo made decisions favourable to them.
The suspension has sparked cross-party controversy. While the Presidency maintains it complies with constitutional requirements, the NPP has condemned it as a politically motivated attack on judicial independence. The party has staged Accra protests attended by hundreds of supporters, executives, sympathisers and members of other opposition parties.
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