The Ghana Bar Association (GBA) is facing calls to extend its newfound assertiveness to other critical constitutional matters after it reversed its earlier position and urged President John Mahama to revoke the suspension of the Chief Justice.

Just days ago, the GBA had called for strict adherence to the rule of law in dealing with the controversy surrounding the judiciary’s leadership.

But in a swift change of course, the association is now appealing for the Chief Justice’s immediate reinstatement.

However, critics, including prominent constitutional law expert Professor Kwaku Asare, are challenging the GBA to speak up more comprehensively on pressing issues affecting the judiciary's independence and Ghana's constitutional governance.

In a statement, Prof Asare posed six key questions to the GBA:

Supreme Court Nominations: Does the GBA support the Chief Justice's direct submission of five names for Supreme Court appointments, allegedly in contravention of Article 144(2) of the Constitution? Nomination Criteria: Will the association demand clarity on the standards and procedures used in selecting these nominees? Judicial Council's Role: Does the GBA condone the bypassing of the Judicial Council — the constitutional body tasked with judicial nominations? Backroom Deals: Will the GBA denounce alleged secret arrangements between the Chief Justice and the Executive in deciding who ascends to Ghana’s highest court? Reconstituted Panels: Is the GBA prepared to confront claims that Supreme Court panels have been reconstituted to secure preferred outcomes? Unconstitutional Directives: Will the GBA defend constitutional order against administrative directives that may sidestep legally established processes?

Prof Asare insisted that until the GBA addresses these issues head-on, its call for the Chief Justice’s reinstatement lacks credibility and moral force.

He said until the GBA “meaningfully addresses these serious constitutional questions, it ought to suspend its resolution calling for the revocation of the Chief Justice’s suspension.”

He added, “It’s good that the GBA has finally found its voice. We would now like to hear that voice on these pressing constitutional matters.”

 

The GBA has yet to publicly respond to Prof Asare’s challenge.