Audio By Carbonatix
Former Deputy Energy Minister and legal practitioner, Andrew Egyapa Mercer, has supported the Ghana Bar Association’s (GBA) demand for President John Mahama to publish regulations governing the suspension of Chief Justice Gertrude Torkornoo.
He has described the current action as unconstitutional.
Speaking on JoyNews’ Newsfile on Saturday, the NPP member argued that the President’s failure to establish clear rules before suspending the Chief Justice violates Article 296 of the 1992 Constitution.
Mr Mercer stressed that the constitutional requirement for published regulations is not optional.
"It's a mandatory provision. And I'm saying that it is not covered under the normal administrative actions contemplated in Ransford France [a reference to a legal precedent]. This is unique. It requires rules to be established," he stated.
At its Mid-Year Conference in Accra, the GBA passed resolutions declaring the suspension procedurally flawed.
"The President exercised discretionary powers under Article 146(10) without the required Constitutional Instrument or published regulations as mandated by Article 296. This omission renders the suspension unlawful," the April 26 statement read.
The GBA explicitly agreed.
"The President has not done so and has breached Article 296 of the Constitution. He ought to reverse that breach," he said on JoyNews.
Mr Mercer’s comments align with the GBA’s April 26 resolution, which declared President Mahama’s suspension of the Chief Justice "procedurally flawed and unlawful" due to the absence of published regulations.
Latest Stories
-
Deploy National Service personnel for mineral exploration – Chamber of Mines CEO
2 minutes -
Increase Ghana’s share in the value chain through partnerships, not isolation – Ing. Ashigbey
13 minutes -
AIB Ghana to release report on fatal Tema microlight aircraft crash today
17 minutes -
Krachi East school feeding programme near collapse as cooks threaten boycott over unpaid allowances
19 minutes -
Cedi’s depreciation does not make it world’s weakest currency — Hopeson Adorye
21 minutes -
Auditor-General recommends sanctions for Ussif, Dr Ofosu-Asare and Kartey over GHC 726m administrative lapses, procurement breaches
37 minutes -
Tanyigbe SHS plunged into darkness as fallen electricity pole disrupts WASSCE preparation
38 minutes -
Photos: IGP engages personnel amid Atebubu-Yeji security operations
40 minutes -
Beyond the Boardroom: An African Union Day reception at White Restaurant & Garden
41 minutes -
Swedru: 23-year-old apprentice missing after falling into floodwater
48 minutes -
9 in 10 Ghanaians trust vaccines, support local production — Survey
49 minutes -
Rainstorm wreck houses in Ketsi, Koensim
57 minutes -
US launches new strikes on Iran, targeting missile sites and boats
57 minutes -
BoG directs MTN to halt 0.75% charge on MoMo-to-bank transfers from June 1
57 minutes -
BoG suspends implementation of 0.75% wallet to bank transfer fee
1 hour