The Chief Executive of the National Petroleum Authority (NPA), Edudzi Tamakloe, has condemned the Ghana Bar Association (GBA) for its recent remarks and posture regarding ongoing impeachment proceedings against Chief Justice Gertrude Torkornoo.
He accused the GBA of unconstitutional behaviour in dealing with the judiciary in the past, citing a 1995 Supreme Court ruling. He accused the current leadership of the Bar, led by Efua Ghartey, of hypocrisy and double standards.
Speaking on TV3’s The Key Points on Saturday, Mr. Tamakloe, a private legal practitioner and close ally of President John Dramani Mahama, disclosed how the GBA once used an unconstitutional method to attempt the removal of a Supreme Court Justice, Justice Amegatcher.
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He said, “The Supreme Court, speaking through Justice Abban, condemned the GBA’s action and called it most unfortunate, likely to undermine the judiciary.”
He read from the Supreme Court’s judgment in the 1995 case GBA v. Attorney General and Another, in which the apex court criticised the Association for bypassing the constitutionally mandated process under Article 146.
GBA’s posture then and now
Edudzi Tamakloe questioned the recent comments by the GBA describing the current impeachment proceedings of suspended Chief Justice Gertrude Torkornoo as a ‘bad precedent,’ asking what exactly was unconstitutional about invoking a clearly stated provision of the 1992 Constitution.
“Is it a bad precedent to use Article 146, which was drafted by the framers of our Constitution to ensure due process and protect judicial independence? I am struggling to understand what is bad about following the Constitution,” he stated.
He recalled that in 2015, President Mahama received a petition seeking the removal of then-Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), Madam Lauretta Lamptey, and acted strictly in accordance with constitutional provisions.
“President Mahama referred the petition to the then Chief Justice Georgina Wood, who made a prima facie determination. A committee chaired by Justice Anthony Benin later recommended her removal. She was suspended through a public notice by Chief of Staff Prosper Bani,” he recounted.
“How different is that from what is happening today?” he asked. “Was that also a bad precedent?”
The NPA CEO also pointed out the GBA’s silence during the controversial removal of Electoral Commission Chairperson Charlotte Osei in 2018 by President Akufo-Addo, despite widespread public outcry.
“When President Akufo-Addo removed Charlotte Osei, a woman heading an independent constitutional body, the Ghana Bar Association issued no statement. No protest. Nothing.”
“Kweku Baako went to the Supreme Court over the matter, arguing that mere procurement breaches could not justify her removal. The Supreme Court refused to hear the case. Was that not a dangerous precedent?” he questioned.
He called on the Bar to be consistent in defending the Constitution and not to pick and choose when to be vocal based on political convenience.
Mr. Tamakloe expressed concern that a professional body like the GBA, which should uphold the rule of law, is now taking positions that seemingly contradict the very constitutional principles they are sworn to defend.
“The framers of the 1992 Constitution anticipated that judges may at some point misconduct themselves. That is why Article 146 exists—to ensure there is due process. No one is above the Constitution,” he said.
He warned that it would be a sad day for Ghana if it allows open court removals of judges, contrary to what the Constitution prescribes. That’s why proceedings under Article 146 must be held in camera – to protect the dignity and independence of the judiciary,” he added.
Mr. Tamakloe urged the GBA and all stakeholders to be guided by the rule of law, support constitutional processes without politicisation, and not pretend some people are above the 1992 Constitution