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Home JUDICIARY

Torkornoo’s removal highlights gaps in Article 146 process – GBA President

by theoverseeronline.com
September 16, 2025
in JUDICIARY, National
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Torkornoo’s removal highlights gaps in Article 146 process – GBA President
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The Ghana Bar Association (GBA) has defended its position on the suspension and subsequent removal of former Chief Justice Gertrude Sackey Torkornoo, clarifying that its stance was driven by concerns over fairness rather than any attempt to undermine constitutional authority.

Speaking at the opening of the 2025/26 Bar Conference in Wa, GBA President Efua Ghartey explained that while Article 146 of the 1992 Constitution empowers the President to act on petitions of misconduct against superior court judges, the lack of clear procedural rules in such cases raises troubling questions.

“The Bar recognizes the fact that the power of removal can be exercised under Article 146, but the Bar’s major concern relates to the process. In the absence of specific rules of procedure, the sketchy process potentially lends itself to arbitrariness and a lack of fairness,” she cautioned.

Eight days after the former Chief Justice’s suspension in April, the GBA issued a resolution calling for the immediate revocation of the decision and the enactment of clear, comprehensive regulations to guide all proceedings under Article 146.

Reaffirming this call, Mrs. Ghartey stressed that justice must not only be done but also be seen to be done. “We all deserve justice. From the well-endowed in society to the less endowed, from those who wield political power to those who don’t… We all deserve justice,” she stated.

The GBA insists that the removal of Justice Torkornoo has underscored the urgent need for reforms to safeguard transparency, accountability, and public trust in the judiciary.

Tags: Article 146Efua GharteyGBAGhana NewsTorkornoo's removal
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