The Ghana Bar Association (GBA) has called for the urgent enactment of clear and comprehensive rules to guide the application of Article 146 of the 1992 Constitution, particularly regarding the removal of Superior Court justices.
The appeal was made by the Association’s President, Mrs. Efua Ghartey, during the opening of the 2025 GBA Annual Conference in Wa, which is being held under the theme: “Sustaining the Fourth Republican Constitutional Democracy: The Role of the Judiciary and the Legal Profession.”
Concerns over fairness and transparency
According to Mrs. Ghartey, while Article 146 provides the constitutional foundation for removing justices, including the Chief Justice, the absence of specific procedural regulations creates room for arbitrariness and undermines fairness.
“The Ghana Bar Association hereby also calls for the immediate enactment of clear and comprehensive Regulations relating to matters under Article 146 of the Constitution to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices, particularly in the context of the impeachment or removal of such officers,” she stated.
She noted that Article 146 had recently come under public scrutiny following the removal of Chief Justice Gertrude Araba Sakey Esaba Torkornoo by President John Dramani Mahama – the first time in the Fourth Republic that the process had been used against a sitting Chief Justice.
Mrs. Ghartey warned that the lack of rules to govern such a weighty process, particularly one affecting the fourth-highest office in the nation, should concern all citizens.
Members’ welfare and support systems
On matters of the Association’s internal welfare, Mrs. Ghartey announced progress in reviewing existing policies to establish a more robust scheme for members.
She also disclosed that a “Care Fund” was being developed to provide timely assistance to members facing personal emergencies.
Acting CJ warns against galamsey and substance abuse
In a speech delivered on his behalf, Acting Chief Justice Paul Baffoe-Bonnie highlighted pressing national concerns, particularly the destructive impact of illegal mining, popularly known as galamsey.
He described the menace as one that has devastated farmlands, polluted water bodies, and displaced farmers, warning that despite past interventions, the practice has worsened over the years.
He urged political leaders to take bold, decisive, and far-reaching measures to address the crisis once and for all.
Justice Baffoe-Bonnie also raised alarm over the rising tide of substance abuse among Ghana’s youth, which he said was destroying lives and communities.
He recommended greater investment in public education, expanded counselling services, and stronger rehabilitation systems to support victims and curb the growing problem.
The Wa conference, which has drawn lawyers, judges, and policymakers, is expected to debate these issues in depth, while also reflecting on the role of the legal profession in strengthening Ghana’s democracy under the 1992 Constitution.
