A diplomatic-legal row is brewing between Ghana’s Attorney-General and the Bar Council of England and Wales (BCEW), backed by the Commonwealth Lawyers Association (CLA), over the suspension of Ghana’s Chief Justice, Justice Gertrude A.E.S. Torkornoo, by President John Dramani Mahama’s administration on April 22, 2025.
On August 14, the BCEW and CLA issued a strongly worded statement expressing “serious concern” about the suspension, warning that any executive action that undermines judicial independence is a matter of grave concern.
They stressed that Ghana, as a member of the Commonwealth, is bound by shared values including the maintenance of an impartial judiciary.
Citing the Commonwealth Charter and the Latimer House Principles, the two bodies argued that the Chief Justice’s suspension violates constitutional safeguards, procedural fairness, and judicial independence.
They further raised alarm over delays in disciplinary proceedings, denial of fair hearing rights to Justice Torkornoo’s lawyers, and the use of proxy witnesses instead of direct petitioners. The BCEW and CLA urged President Mahama to:
- Immediately reinstate the Chief Justice;
- Ensure full and transparent access to disciplinary processes by her legal team; and
- Provide clear rules and timelines for the proceedings to safeguard public confidence in the rule of law.
But in a swift rebuttal the following day (August 15), Attorney-General Dr. Dominic Akuritinga Ayine dismissed the foreign legal bodies’ intervention as “misinformed” and “grossly misplaced.”
According to him, Justice Torkornoo’s suspension strictly followed Article 146 of Ghana’s 1992 Constitution, after three separate petitions alleging “stated misbehaviour and incompetence” were filed by citizens.
He explained that the Council of State found a prima facie case against the Chief Justice, leading to the President’s decision—backed by a constitutionally mandated inquiry committee comprised of Supreme Court Justices and eminent persons.
“The President does not act unilaterally,” Ayine stressed, noting that the process is transparent, constitutional, and independent of executive interference.
He argued that courts in Ghana had already dismissed injunctions and judicial review applications by the Chief Justice and her supporters, making the BCEW and CLA’s position appear to “clone” rejected legal arguments.
He further rejected claims of undue delay, pointing out that the disciplinary proceedings only began in May 2025 and that Justice Torkornoo has been continuously represented by “distinguished legal counsel.”
“The suspension will remain in effect until the inquiry committee concludes its work and submits its report, which the President is constitutionally bound to follow,” the AG declared.
While the BCEW and CLA frame the suspension as a breach of judicial independence, the Ghanaian government insists it is a lawful constitutional process.
The standoff sets the stage for a deeper confrontation, as Justice Torkornoo has already taken her case to the ECOWAS Court of Justice, with the state defending the suspension on behalf of Ghana’s executive.
