The Government of Ghana has responded to the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA), after the two foreign legal bodies called for the reinstatement of suspended Chief Justice, Justice Gertrude Araba Torkornoo.
In a press release dated August 15, 2025, and signed by the Attorney-General and Minister of Justice, Dr Dominic Akuritinga Ayine, the government described the joint statement as “a matter of serious concern,” accusing the BCEW and CLA of failing to properly study Ghana’s Constitution before making their demands.
“It is, however, a matter of serious concern that the BCEW and the CLA issued the joint statement without first acquainting themselves, even in a very basic way, with the relevant constitutional provisions and the material facts of the matter,” the release stated.
The Attorney-General emphasised that Justice Torkornoo’s suspension followed the due process laid out under Article 146 of the 1992 Constitution.
“The suspension of Her Ladyship, Justice Torkornoo, C.J., strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146, which prescribes the procedure and the grounds for the removal of the Chief Justice and the removal of other Justices of the Superior Courts from office,” Dr Ayine explained.
He noted that three petitions alleging misbehaviour and incompetence were submitted against the Chief Justice.
These were reviewed by the Council of State, which determined that each petition established a prima facie case.
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A five-member inquiry committee comprising two Supreme Court judges and three non-lawyer members was subsequently set up to investigate the matter.
“After establishing the inquiry committee, the President, acting in accordance with further advice from the Council of State, suspended Her Ladyship, Justice Torkornoo, C.J., pending the outcome of the inquiry,” the statement added.
Responding to claims of unfairness and delay, the Attorney-General stressed that the process is entirely independent of the Executive.
“It is unrealistic and unbelievable that an inquiry committee with two of the suspended Chief Justice’s peers, one serving as chairperson, would deprive her of the safeguards of due process, particularly when it is public knowledge that legal counsel… has continuously and ably represented her throughout the hearings,” he said.
He also dismissed allegations of unconstitutional conduct: “It must, therefore, be emphasised that there has been no constitutional breach or executive overreach in the consideration of the three petitions.”
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The government reiterated its commitment to judicial independence, warning that misleading narratives could harm Ghana’s constitutional reputation.
“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 Attorney-General declared.
This is the response by the Honourable Attorney-General of the Republic of Ghana to the joint statement issued by the Bar Council of England and Wales (@thebarcouncil) and the Commonwealth Lawyers Association (@cla_lawyers) on August 14, 2025, regarding the suspension of the Her… pic.twitter.com/hd2blMukHG
— Justice Srem-Sai (@JusticeSremSai) August 15, 2025
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