Deputy Attorney General, Justice Srem Sai, has strongly criticized a recent resolution by the Ghana Bar Association (GBA), arguing that its provisions contradict existing Supreme Court decisions and constitutional requirements.
Speaking in an interview on Joy News, Mr. Srem Sai expressed concern over attempts to pass resolutions that appear to challenge established legal interpretations, particularly on matters the Supreme Court has already ruled on.
“There is already a decision on this matter,” he stated. “To pass a resolution on something which the Supreme Court has already decided, and expect that the resolution should take precedence over the binding decision, is one thing that I cannot imagine would happen in an assembly of lawyers.”
He also expressed discomfort with a portion of the GBA resolution which calls on the President to publish details of a petition process, noting that such a move would defy clear constitutional provisions that require confidentiality in that process.
“The constitution commands that the process be done not in public,” Mr. Srem Sai explained, citing at least three judicial decisions that affirm the confidentiality of such proceedings.
“If, in light of this constitutional injunction supported by well-decided cases, the GBA — an assembly of lawyers — can pass a resolution calling on the President to make what the constitution requires to be private, public, then again, there’s a problem.”
He further questioned the legitimacy of using letterheads of junior members of the legal profession to represent broad associations or opinions, cautioning that such practices can mislead public perception and distort legal discourse.
Justice Srem Sai’s comments come amid rising tensions in the legal community following the Chief Justice Gertrude Araba Esaaba Torkornoo’s suspension and growing concern over perceived inconsistencies in the GBA’s public posture.
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Source: Comfort Sweety Hayford/ATLFMNEWS
