Audio By Carbonatix
The Movement for Change (MFC) says it is shocked at the Ghana Bar Association's (GBA) recent call for President John Mahama to suspend the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, describing the appeal as a surprising deviation from constitutional principle.
In a strongly worded statement issued on Tuesday, the MFC criticised the GBA’s position as legally unfounded and potentially damaging to the public’s confidence in the rule of law.
“We have observed with shock the position of the Ghana Bar Association calling on the President to suspend the suspension of the Chief Justice,” the statement read. “As an Association that believes in the rule of law, their calls must be based on law.”
The Chief Justice was suspended last week by President Mahama after a prima facie case was established under Article 146 of the 1992 Constitution, following petitions for her removal for alleged misconduct.
The process, the MFC emphasised, followed constitutional protocol: the President acted on the advice of the Council of State and appointed a five-member committee to investigate the allegations.
“The 1992 Constitution is the bedrock of our democracy,” the MFC said. “The President’s action... adheres to the procedural framework outlined in Article 146.”
While affirming the importance of due process and fairness, the MFC reminded Ghanaians that no one is above the law — not even the Chief Justice, and urged the investigative committee to approach its work with impartiality, cautioning political parties also, especially the New Patriotic Party (NPP) and the National Democratic Congress (NDC), against politicising the matter.
The MFC further warned that the GBA’s advocacy could undermine the very legal processes it claims to uphold. “We would have agreed with them if their call was grounded in law, quoting relevant provisions of the constitution to buttress their case,” the movement said.
Calling for broader institutional reforms, the MFC reiterated its proposal for a Second Chamber of Parliament composed of statesmen and women. This body, it said, should take over key responsibilities from the current Council of State — including the appointment and removal of high-level public officers — to reduce political interference in Ghana’s governance structures.
Additionally, the movement called on the Constitutional Review Committee to prioritise reforms that make the removal of public officials more transparent. “We believe transparency is essential,” the MFC noted, even while acknowledging that the 1992 Constitution does not currently mandate a fully open process.
As public scrutiny of the Chief Justice's suspension intensifies, the MFC urged calm and patience while the investigative committee does its work. “Let us rise above partisan divides and work together to strengthen our democracy,” the statement signed by Solomon Owusu, a senior communicator for the Movement for Change, said.
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