The Attorney General and Minister of Justice, Dr. Dominic Ayine, has rejected a joint call from the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) which criticized the suspension of Ghana’s Chief Justice, Justice Gertrude Torkornoo, and asked for her reinstatement.
In responses, Dr. Ayine through a press release issued on Friday, August 15, 2025, he stressed that the Chief Justice’s suspension will remain in place until an inquiry committee completes its work and submits a report to the President.
“Neither the Latimer House Principles nor the constitution prohibits the suspension of a Chief Justice, once a prima facie determination of misconduct or misbehavior 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,” Dr. Ayine stated.
He further explained that Justice Torkornoo has already taken her case to the ECOWAS Court of Justice, and the government of Ghana is currently defending that case.
The Attorney General expressed disappointment that the two international legal bodies issued their joint statement without properly reviewing Ghana’s Constitution or the facts surrounding the Chief Justice’s suspension.
According to him, the process being followed is not only constitutional but also transparent and consistent with the Commonwealth principles the BCEW and CLA referred to.
“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,” he highlighted.
Justice Gertrude Torkornoo, who became Ghana’s Chief Justice in June 2023, was suspended on April 22, 2025. Her suspension followed three separate petitions from citizens, whose names have not being made public, accusing her of stated misbehavior and incompetence.
Dr. Ayine outlined the process that led to the suspension stating that, the petitions were first reviewed by the Council of State, a respected advisory body made up of senior national figures, including a retired Chief Justice, military leaders, and traditional rulers.
After reviewing her preliminary responses, the Council of State found that a prima facie case had been established.
The President, with the Council’s advice, then formed a special inquiry committee to investigate the matter. The committee is made up of two Supreme Court justices (one serving as chair) and three non-lawyers who are not part of Parliament or the Council of State.
Following this, and based on constitutional advice, the President suspended Justice Torkornoo pending the outcome of the inquiry.
The Attorney General emphasised that the President cannot influence the committee and is required to act strictly in line with its findings.
The BCEW and CLA, in their August 14 statement, argued that the suspension raised “serious concerns” about judicial independence in Ghana. They claimed the disciplinary process had been delayed, and that Justice Torkornoo’s lawyers had not been treated with the respect required under international legal standards. They also said allowing witnesses to testify on behalf of petitioners instead of the petitioners themselves weakened due process.
In their statement, the BCEW and CLA said Justice Torkornoo’s suspension violated the Commonwealth Charter and the Latimer House Principles, which outline safeguards for fair judicial disciplinary procedures.
They called on the Ghanaian government to immediately reinstate Justice Torkornoo to her office, to also ensure her lawyers have full and transparent access to the proceedings and also provide a clear timeframe within which the disciplinary committee must conclude its work.
The two bodies argued that any executive action undermining judicial independence is “a matter of serious concern” for the Commonwealth family.
“With pressing concern, we therefore call upon the President of Ghana and the Executive government of Ghana to:
- Immediately and without delay, reinstate the Chief Justice of Ghana 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; and
- Afford the Chief Justice 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; and
- Provide clear and transparent rules of procedure to guide the disciplinary process which must include the time frame within which the investigating committee must conclude the disciplinary process against the Chief Justice, without any further delay and communicate that decision of that process to all concerned in upholding the rule of law in Ghana,” the statement reads
For now, Justice Gertrude Torkornoo remains suspended, awaiting the final decision of the inquiry committee, while her case continues at the ECOWAS Court.
