Mahama’s suspension of CJ is valid without the publication of a C.I. – Deputy A-G Srem-Sai
Deputy Attorney General Justice Srem-Sai has explained that President John Mahama is not obligated to publish a Constitutional Instrument (C.I.) before exercising his discretionary powers as outlined in the Constitution.
He made these comments in response to the Ghana Bar Association’s (GBA) objections regarding the suspension of Chief Justice Gertrude Torkornoo.
During an appearance on Joy FM’s NewsNight on Tuesday, April 29, Justice Srem-Sai explained that the lack of a published C.I. does not prevent the President’s constitutional authority.
“The failure or inability or refusal to publish a regulation to guide how the discretion is exercised does not in any way disable the person from exercising that discretion,” he stated.
He went on to provide examples, highlighting that, various presidential functions, including appointing ministers, granting pardons, and signing international agreements, are often performed without necessarily publishing a C.I., yet they remain legally binding.
“Does that mean the President cannot appoint a minister? Should that mean, the President cannot sign international agreements? Or that the President cannot grant a pardon? Clearly not,” he stressed.
Justice Srem-Sai’s remarks were in response to a communiqué from the GBA, which raised questions about the legality of the President’s suspension of the Chief Justice, pointing out the absence of regulations governing such discretionary actions.
The GBA argued that this suspension breaches Article 296 of the 1992 Constitution, which mandates published regulations for exercising discretionary powers, claiming that the lack of such guidelines renders the suspension unlawful.
In his response, Justice Srem-Sai accused the GBA of deviating from established legal principles, suggesting that they are relying on non-legal reasoning.
“The more I read it, the more I get convinced that the GBA has decided to abandon principles of law and rely on something else to form their opinion,” he said.
While he acknowledged the GBA’s right to voice political or institutional opinions, he emphasized that the Attorney General’s Department would treat their statement as just one perspective among many on the matter.
“We’ll consider it. We’ll add all the other views that we keep receiving on this matter, we will consider all of them and advise the government going forward,” he added.
When questioned about whether the Attorney General’s Department is ready to respond if the GBA decides to challenge the suspension in court, Justice Srem-Sai expressed confidence in the government’s legal stance.
“We are convinced that our position is the right one. We don’t know whether the GBA will gather the confidence and courage to proceed to court on something like this,” he remarked.
By: Novire Kuuyizie Francis
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