GBA’s statement on suspension of Chief Justice could pass for an appeal not resolution – Kpebu

The Ghana Bar Association (GBA) has come under fire for calling its statement on the Chief Justice’s suspension a “resolution.”

Private legal practitioner, Martin Kpebu contends that the use of that term has politicized the matter and complicated public perception.

“They shouldn’t have called it a resolution. The moment you call it that, especially in this politically charged environment, people will read politics into it,” he said on the KeyPoints on TV3

Kpebu maintained that the document issued passes more as an “appeal” instead.

“If you call this an appeal, I’ll be the first to sign,” he stated on May 3.

He also noted that the timing of the GBA’s conference and lack of adequate notice to members further weakened the legitimacy of the decision.

Touching on the Constitution review process, Martin Kpebu said  it grants the executive undue influence over the judiciary.

He described Article 144 which allows the President to appoint justices in consultation with the Council of State and with parliamentary approval as problematic.

“In Ghana, our constitution is modelled in such a manner that you buy one, then you get one free. You buy the executive, then you get the judiciary for free,” he stated, stressing that through appointments and financial incentives, the judiciary can fall under executive control.

He argued that such a setup violates the principle of separation of powers, calling the arrangement “unwieldy” and “undemocratic.”

He urged for constitutional reforms to strengthen judicial independence, asserting that “politicians are not angels” and the law should be written to reflect that.

He criticized the 1992 Constitution for being written as though politicians were “philosopher kings.”

“This constitution is written as if our presidents and politicians would be angels. But we are not philosopher kings. We are human beings who fall short,” he said.

Kpebu pointed out that the constitution’s structure gives excessive leeway for political manipulation and lacks the safeguards necessary to ensure true separation of powers.

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