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GBA reacts to CJ removal process

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GBA reacts to CJ removal process

In a time of heightened public scrutiny and national discourse, the Ghana Bar Association (GBA) has broken its silence on a matter of grave constitutional significance—the suspension and ongoing process for the removal of the Chief Justice of the Republic of Ghana. In a statement released on April 24, 2025, the GBA has reiterated its commitment to upholding the rule of law and defending the integrity of the judiciary.

Legal crossroads: Petition and court challenges

The backdrop to this critical announcement involves a whirlwind of legal activity. As of March 27, 2025, the GBA’s General Council noted that three petitions had been filed seeking the removal of the Chief Justice. In tandem, two separate legal actions had been initiated at the Supreme Court, challenging the constitutionality and procedural fairness of the removal process. Applications for injunctions have further intensified the legal complexity of the matter.

Constitutional clarity: Article 146 in action

The GBA took care to spotlight Article 146 (6) and (7) of the 1992 Constitution, which guides the process for removing a Chief Justice. The law mandates that a committee be formed—including two Supreme Court judges and three non-political, non-legal individuals—to investigate the petition and recommend action. The process, as outlined, is to be confidential and guided by consultation with the Council of State.

Further provisions under Article 146 (8)-(10) allow the President to suspend the Chief Justice upon advice from the Council of State while investigations are ongoing. These constitutional mechanisms, the GBA notes, must be followed with utmost respect and transparency.

Rule of Law must reign supreme

Though the issue is sub judice—currently under judicial consideration—the GBA stresses the need for all parties involved to be guided not merely by the letter of the law, but by its spirit. It calls for adherence to Article 296, which governs the exercise of discretionary power, warning that even those playing minor roles in the process must act in a way that strengthens the judiciary’s independence and public trust.

Upholding justice, serving Ghana

The Bar’s message is clear: Justice is a collective national responsibility, emanating from the people and administered by the Judiciary. As such, tampering with the highest judicial office must be handled with caution, impartiality, and constitutional fidelity.

The GBA’s role: Watchdog and advocate

Reaffirming its foundational mission, the Ghana Bar Association vowed to continue defending and strengthening the justice delivery system. “The GBA shall remain the conscience of society,” the statement concluded, pledging to be the “voice of the voiceless” and the protector of Ghana’s constitutional values.

As the legal and political drama unfolds, one thing is certain: the eyes of the nation, and indeed the legal community, remain fixed on the evolving story of the Chief Justice—reminding us all of the fragile balance between justice and power.

Read the full press statement of GBA:

Adobe Scan 24 Apr 2025 (1)

African Editors

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