Economic Policy Advisor to the Vice President, Sharif Mahmud Khalid, has questioned the weight of the joint statement issued by the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) on the suspension of Chief Justice Gertrude Torkornoo.
According to him, both bodies lack the legal authority to influence or determine Ghana’s constitutional processes.
Explaining the nature of BCEW, he remarked: “The Bar Council of England and Wales is a professional association (no regulatory function).” This means that while the BCEW may have standing within the professional community of lawyers in England and Wales, it has no statutory or enforcement powers that extend beyond its jurisdiction. Its comments on matters in Ghana are therefore advisory in nature, not legally binding.
He added: “The Commonwealth Lawyers Association is a voluntary international membership organisation. It is registered as an NGO.” In effect, the CLA functions as a network for professional collaboration and advocacy among lawyers across the Commonwealth, without any mandate to intervene in the constitutional or judicial processes of sovereign states.
These clarifications underscore that the BCEW and CLA, while respected in their spheres, cannot dictate or alter Ghana’s constitutional provisions or the procedures established under Article 146 of the 1992 Constitution. Their public position on the suspension of the Chief Justice should thus be understood in the context of opinion, not authority.
Given these facts, Mr Khalid concluded that the joint statement has no binding effect on the Republic of Ghana. At best, it is an expression of external concern, which cannot override the lawful actions taken in accordance with Ghana’s constitutional framework.
By: Victor Lavor
