Deputy AG challenges legal basis of GBA's recent resolution

Deputy Attorney General Justice Srem Sai has raised serious concerns about the constitutional grounding and legal reasoning behind a recent resolution passed by the Ghana Bar Association (GBA). 

The resolution in question urged the reversal of a directive issued by the acting chief justice and called for the reinstatement of the suspended chief justice.

Speaking on PM Express on Joy News, Srem Sai did not mince words in critiquing the basis of the GBA’s actions. 

He noted that the resolution was endorsed by a mere 45 individuals but was presented as representing the collective view of over 5,000 lawyers nationwide — a move he described as both intellectually weak and legally unsound.

Beyond the procedural flaws, Srem Sai took issue with the foundational principles underlying the resolution. He argued that the law does not operate on the basis of majority consensus, emphasizing that correctness in legal interpretation is not determined by numbers.

He also reminded the legal fraternity that proper legal argumentation relies on precedent, statutory interpretation, and fidelity to constitutional norms, not populism or institutional politics.

His most forceful criticism was directed at the GBA’s suggestion that the President should make public the prima facie decision regarding the Chief Justice’s suspension. Srem Sai argued that such a recommendation blatantly contradicts constitutional provisions that demand confidentiality in such proceedings.

He said that for a legal body like the GBA to advocate for a move so clearly prohibited by the Constitution signals a troubling lapse in constitutional adherence and legal discipline.