GBA challenges Judiciary, Executive on constitutional limits

The Ghana Bar Association (GBA) has called on the Judiciary and the Executive to operate strictly within the limits of the 1992 Constitution, with its President, Efua Ghartey, raising concerns about comments attributed to Chief Justice Paul Baffoe-Bonnie.

Speaking at the GBA’s annual conference in Ada, in the Greater Accra Region, Mrs Ghartey said the independence of the Judiciary came with an obligation to remain within the constitutional limits of its mandate.

The conference, held under the theme: “150 Years of Ghana’s Legal Evolution: Transforming the Profession and Driving Its Future with Industry,” running from September 13 to 18 2026 in Ada, assembled members of the Bar alongside sitting and retired judges, past government law officers, industry executives and traditional authorities.

Attendees included former Attorney-General, Supreme Court Justice Anthony Forson, the paramount chief of the Ada traditional area and keynote Speaker, Moses Baiden, Chief Executive of Margins Group, among other dignitaries.

She cited Article 128(4) of the 1992 Constitution, which guarantees the independence of the Judiciary and said that independence should not be interpreted as a licence for judges to engage in partisan political matters.

According to her, the Association had received reports of “subtle and sometimes overt communication” from some members of the Judiciary suggesting that they were serving the interests of the Executive rather than the Constitution.

She specifically referred to remarks allegedly made by the Chief Justice during visits to the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF) on September 2, 2026.

Mrs Ghartey said the Chief Justice compared the performance of the two institutions under the current administration with their performance under the previous government.

She questioned the appropriateness of such comments from the head of the Judiciary and said the GBA had a duty to speak out when constitutional boundaries were at stake.

The GBA President also cited an unreported Supreme Court decision by Justice Yonny Kulendi, which she said established that judges, like members of the Electoral Commission and the Commission on Human Rights and Administrative Justice, were constitutionally required to remain politically neutral because of the independent nature of their institutions.

She further criticised the response by the Judicial Secretary to the concerns raised over the Chief Justice’s remarks, describing it as “lacklustre.”

Mrs Ghartey’s concerns formed part of a broader agenda presented by the GBA on constitutional governance, human rights and the administration of justice.

The Association called for bail conditions to comply strictly with Article 14 of the Constitution and announced plans for a Human Rights Watch Committee to monitor compliance with human rights, particularly in politically sensitive arrests.

It also pledged to continue monitoring the work of the Constitutional Review Committee and renewed its call for the government to activate a court-alert application for lawyers.

Illegal mining

On illegal small-scale mining, popularly known as galamsey, the GBA warned that government’s enforcement measures would have little impact without consistent and non-partisan application.

Mrs Ghartey said the Association would continue to hold the state to account on the issue, stressing the need for enforcement of the law without political considerations.

The GBA President also used the conference to highlight welfare initiatives undertaken by the Association.

She said the GBA Welfare Fund had grown to more than GH¢10 million under successive committees, while a new medical insurance scheme had been introduced to cover outpatient and inpatient care.

She also mentioned improved death benefits for members and the construction of bar centres in several regions.

Attorney-General’s concerns

An address delivered on behalf of the Attorney-General and Minister for Justice, Dr Dominic Ayine, by his Deputy, Dr Justice Srem-Sai, renewed concerns over the relationship between the GBA and political power.

Dr Ayine, who was unable to return from Europe because of widespread flight cancellations, was reported to have repeated a concern he raised at last year’s GBA conference in Wa that the leadership of the Association had become too close to political power.

However, his address also announced proposed reforms affecting the legal profession. He said the Legal Profession (Practitioners Standards Board) Bill would remove disciplinary responsibility for lawyers from the General Legal Council and place it under a new arrangement involving the Bar.

He also announced proposals for a government-backed Bar Welfare Fund and an indemnity insurance scheme for lawyers.

Chief Justice’s response

An address on behalf of the Chief Justice, delivered by Supreme Court Justice Anthony Forson, urged the GBA to protect its reputation as the conscience of the legal profession and avoid any perception of partisanship.

Justice Forson also welcomed the passage of the Legal Education Act, 2026 and reported progress on new High Court Civil Procedure Rules.

The address, however, did not directly respond to the concerns raised by Mrs Ghartey over the Chief Justice’s comments during his visits to SSNIT and MIIF.

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