Renowned constitutional law expert Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has called for the removal of the Ghana Bar Association (GBA) from the Constitution, arguing that the association holds no special constitutional status and is merely an ordinary professional body akin to other associations such as the Ghana Barbers Association or Ghana Drunkards Association.
In a pointed critique, Professor Asare questioned the rationale behind the GBA’s unique constitutional recognition, emphasizing that it functions as a voluntary association without a legal mandate to wield constitutional influence. His remarks come amid ongoing debates about the GBA’s role in Ghana’s judicial and constitutional affairs, particularly its recent involvement in the controversy surrounding the suspension of Chief Justice Gertrude Torkornoo.
Professor Asare has been a vocal critic of the GBA’s handling of constitutional matters, notably urging the association to address pressing issues related to judicial appointments, the independence of the judiciary, and alleged unconstitutional practices by the Chief Justice before calling for her reinstatement. He has challenged the GBA to clarify its stance on matters such as the bypassing of the Judicial Council in Supreme Court nominations, alleged backroom deals, and the reconstitution of Supreme Court panels to secure preferred outcomes.
“Until the GBA meaningfully addresses these serious constitutional questions, it ought to suspend its resolution calling for the revocation of the Chief Justice’s suspension,” Professor Asare stated, underscoring the need for the association to focus on fundamental governance issues rather than acting as a political pressure group.
His call to remove the Ghana Bar Association from the Constitution reflects broader concerns about the proper role and influence of professional bodies in Ghana’s constitutional framework and governance. The debate continues as the GBA maintains its active engagement in national legal and political discourse, while critics like Professor Asare press for reforms to ensure accountability and constitutional propriety.