Torkornoo’s removal: Ayine criticises Bar’s inconsistencies

The Attorney General and Minister for Justice, Dr. Dominic Ayine has urged the Ghana Bar Association (GBA) to recommit itself to the defence of the rule of law and the Constitutional principle, rather than drifting into partisan politics.

Addressing an opening of the GBA’s Annual General Conference in Wa under the theme: ‘Sustaining the 4th Republican Constitutional Democracy; the role of the judiciary and the legal profession’ yesterday, Dr. Dominic Ayine said recent developments surrounding the removal of the former chief justice, Madam Gertrude Torkornoo, is worrying signs of inconsistency in the Association’s posture.

He indicated that the Bar had been silent on earlier petition filed under Article 146 of the Constitution, but became vocal when Justice Torkornoo’s removal came under scrutiny, a move he warned, could  project political bias.

“In 2015, Article 146 petition was received by the chief justice in relation to the removal of CHRAJ boss, Mada Lauretta Lamptey. The Bar failed speak out in the process. In the run-up to the 2016 elections, the then opposition NPP engaged the EC in court battles over the voter identification system. This gave rise to Abu Ramadan line of cases.

“Immediately upon assuming office in 2017, Article 146 petition was filed for the removal of the EC chairperson, Madam Charlotte Osei, and her three deputies from office. The Bar saw no basis to speak up about the compliance with due process.

“But in recent times, the Bar found its voice when a petition based on the same constitutionally defined procedures was brought in respect of the removal from office of the former Chief Justice, Madam Gertrude Tokornoo. The honest question we have to ask is, what has changed?

“The three petitions mentioned touch on three Constitutional bodies critical to the sustenance of our democracy. Their independence has been guaranteed by the Constitution. The three occupants were all women of significant repute and members of the noble profession,” he said.

Dr. Dominic Ayine insisted that all three Article 146 committees complied fully with Constitutional procedures, yet the bar chose to publicly intervene in only one instance.

“Three committees established pursuant to Article 146 complied with the Constitutional procedure to the letter, and yet the Bar amplified the voice of the opposition, “ he pointed out.

He reminded lawyers, especially those engaged in politics that their foremost responsibility is to the Constitution and to the Ghanaian people, not partisan politics.

“The lawyers in politics must be a voice of reason, moderation and constitutionalism. The Bar must speak up, not to parties, but to defend the rule of law and the independence of the citizens,” he stated.

From Musah Umar Farouq, Wa

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