Accra, 15 August 2025 — Ghana’s Attorney General, Dr. Dominic Ayine, has firmly dismissed calls from the Bar Council of England and Wales and the Commonwealth Lawyers Association (CLA) to reinstate suspended Chief Justice Gertrude Torkornoo. According to the AG, the decision to suspend the Chief Justice was constitutional, legitimate, and backed by due process, contrary to suggestions that the move undermines judicial independence.
Background to the Suspension
Chief Justice Torkornoo was suspended on 22 April 2025 after three separate citizen petitions were submitted, accusing her of “stated misbehaviour and incompetence.” Following constitutional procedures outlined in Article 146, the petitions were reviewed by the President and subsequently forwarded to the Council of State. After assessing the responses and evidence, the Council concluded that a prima facie case existed.
This decision led to the establishment of a special inquiry panel chaired by a Supreme Court justice to fully investigate the allegations. The suspension, the AG explained, was necessary to allow the panel to carry out its mandate without interference.
AG’s Response to International Pressure
In recent days, the Bar Council of England and Wales, along with the Commonwealth Lawyers Association, released a statement urging Ghana to immediately reinstate the Chief Justice. They expressed concern that the suspension could damage the independence of the judiciary and erode public trust in democratic governance.
Dr. Ayine, however, rejected these demands, describing them as misinformed and lacking knowledge of Ghana’s constitutional framework. He stressed that the decision was not arbitrary, but rather part of a clear constitutional process that applies to all superior court judges, including the Chief Justice.
“The suspension is in line with the Constitution of Ghana. No one, not even the President, can alter the process until the inquiry is complete,” he said.
Legal Battles and Ongoing Proceedings
The Attorney General also recalled that Chief Justice Torkornoo has made multiple legal attempts to stop the process. Both the High Court and the Supreme Court, he said, dismissed her applications as lacking merit. Currently, she has escalated the case to the ECOWAS Court of Justice, where the government has entered a defense.
Dr. Ayine emphasized that until the inquiry committee concludes its work and submits its findings, the President has no authority to act outside the recommendations. He noted that Ghana’s constitutional order demands patience and respect for due process, even in sensitive cases involving high-ranking judicial officers.
What This Means for Ghana
The standoff has fueled intense debate both locally and internationally. While foreign legal bodies and sections of civil society argue that the suspension threatens judicial independence, government officials insist that it is a lawful step to preserve accountability within the judiciary.
The case has also highlighted broader questions about the balance between constitutional processes and international perceptions of governance in Ghana. For many observers, the outcome of the inquiry will be a key test of Ghana’s commitment to both the rule of law and the principle of judicial independence.
