Justice Gertrude Torkornoo
The Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) are at loggerheads with Ghana’s Attorney General (AG) and Minister for Justice, Dr. Dominic Ayine over the suspension of Chief Justice Gertrude Torkornoo, as result of three petitions calling for her removal from office.
While the BCEW and CLA are calling for the immediate reversal and reinstatement of Justice Torkornoo as Chief Justice pending the final determination of the three petitions, the Attorney General argues that the suspension will remain in place until the five-member committee probing the petitions completes its work and submits a report.
President John Mahama, on April 22, 2025, suspended Chief Justice Gertrude Sackey Torkornoo following the setting up of a five-member committee to probe the three petitions calling for her removal from office.
BCEW, CLA Statement
The BCEW and CLA, in a joint statement issued on August 14, 2025, raised concerns about the suspension of Justice Torkornoo, emphasising that the existence of an independent and impartial judiciary is one of the cardinal features and bedrock of any country governed by the rule of law, and Ghana has for several years displayed a strong commitment to the rule of law.
According to the statement, any measure or action taken by the Executive, which is capable of being seen as impacting an independent judiciary, is a matter of serious concern.
It referenced to the Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (2003), which state that disciplinary proceedings which might lead to the removal of a judicial officer “should include appropriate safeguards to ensure fairness, that is to say, the right to be fully informed of the charges against them, to be represented at any hearing, to make a full defence and to be judged by an independent and impartial tribunal.”
The BCEW and CLA statement notes with concern, the decision to continue to suspend the Chief Justice due to a prima facie it says is in clear breach of the Executive’s constitutional duties and the principles underpinning them, which require that judges should be subject to suspension or removal only for reasons of incapacity or stated misbehaviour that clearly renders them unfit to discharge their duties.
The joint statement also raised concerns about the decision of the committee to permit petitioners to use witnesses instead of attending themselves to answer questions on their petitions against the Chief Justice; that does not follow the rules and norms of due process.
Another concern raised is “the decision to deny the Chief Justice’s legal representative the respect required when attending the hearings of the investigating committee, contrary to the Latimer House Principles, which underline the duty to ensure fair and just process.”
Again, the joint statement noted the “delay in the disciplinary measures which should have been resolved in a timely manner in pursuance of the importance of upholding the rule of law, natural justice and the Constitution of Ghana.”
It is therefore calling for the reinstatement of the suspended Chief Justice to her Office, consistent with both the hitherto strong attachment to the rule of law demonstrated by Ghana and also, the constitutional duties incumbent upon them.
It is also calling for the suspended Chief Justice to be afforded due and fair process in the investigation and determination of the disciplinary matters brought against her, including but not limited to full and transparent access to that process by her legal representatives.
AG Fires Back
But the Attorney General, in a sharp response, rebuffed the call for reinstatement of Justice Torkornoo as Chief Justice, pointing out that the suspension was in accordance with the provisions of Ghana’s constitution.
He further indicated that the Government of Ghana remains strongly committed to maintaining the independence of the judiciary, separation of powers, and the rule of law.
“Any suggestion otherwise is unfounded and risks distorting a constitutional process that is being conducted fairly, transparently and in accordance with the law,” the response indicated.
It further stated that neither the Latimer House Principles nor the constitution prohibits the suspension of a Chief Justice, once a prima facie determination of misconduct or misbehaviour has been made.
“The suspension will, therefore, remain in effect until the inquiry committee completes its work and submits its report, to which His Excellency, the President will adhere,” the Attorney General added.
BY Gibril Abdul Razak