Dominic Ayine replies UK, Commonwealth lawyers on Gertrude Torkornoo suspension

Ghana’s Attorney-General, Dr. Dominic Akuritinga Ayine, has defended the suspension of Chief Justice Gertrude Torkornoo.

He said the suspension follows the 1992 Constitution, and accused the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) of commenting without a proper understanding of the facts and legal provisions.

The Attorney-General’s statement, issued in response to the August 14 joint declaration by the BCEW and CLA, expressed concern that the two bodies had not acquainted themselves “even in a very basic way, with the relevant constitutional provisions and the material facts of the matter” before calling for the Chief Justice’s reinstatement.

According to Dr. Ayine, the suspension of Justice Torkornoo “strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146,” which prescribes the procedure for removing the Chief Justice and other Superior Court Judges. He provided a detailed account of the process:

1. The procedure was triggered by three separate petitions filed by citizens alleging “stated misbehaviour and incompetence” on the part of the Chief Justice.
2. The President, acting under Article 146(6) and with the Council of State, referred the petitions for advice on whether they disclosed a prima facie case.
3. The Council of State — comprising eminent Ghanaians including a retired Chief Justice, retired Inspector-General of Police, and representatives from across the country — found each petition established a prima facie case.
4. The President then constituted a committee to inquire into the matter, consisting of two Supreme Court Justices and three non-lawyers, as mandated by Article 146.
5. Acting on the Council of State’s further advice, the President suspended Justice Torkornoo pending the outcome of the inquiry.

Dr. Ayine stressed that the President “does not act unilaterally but only upon the advice and findings of constitutionally mandated actors and independent investigative bodies” and “does not participate in the inquiry and, by Article 146(9), is bound by the findings of the inquiry committee.”

The Attorney-General dismissed fears over fairness, saying the inquiry committee is chaired by a Supreme Court Justice and that the Chief Justice “receives all the protections available under Ghanaian law, including the right to legal representation of choice, and the right to fully respond to the allegations.”

On suggestions of delay, he stated: “Bearing in mind that the proceedings commenced only on May 15, 2025, any suggestion of undue delay is, to put it mildly, grossly misplaced.” He noted that the Chief Justice has been “continuously and ably represented” and that the committee operates independently from the executive arm of government.

Dr. Ayine also rejected claims of constitutional overreach, revealing that applications to halt the inquiry had been dismissed by both the Supreme Court and the High Court. He expressed concern that the BCEW and CLA’s joint statement “vividly clones the dismissed grounds” argued by Justice Torkornoo and her lawyers before Ghanaian courts and the ECOWAS Court — where the Government of Ghana is currently defending the case.

“The Government of Ghana remains strongly committed to maintaining the independence of the judiciary, separation of powers, and the rule of law,” he added. “Any suggestion otherwise is unfounded and risks distorting a constitutional process that is being conducted fairly, transparently and in accordance with the law.”

He concluded 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,” and affirmed that the suspension will remain until the inquiry completes its work and submits its report to the President.

Background
On April 22, 2025, President John Dramani Mahama suspended Chief Justice Torkornoo after three undisclosed petitions alleged misconduct and incompetence, with a prima facie case established by the Council of State. A five-member inquiry panel — chaired by Supreme Court Justice Gabriel Scott Pwamang — was appointed to investigate, while Justice Paul Baffoe-Bonnie became Acting Chief Justice.

On August 14, 2025, the BCEW and CLA issued a joint statement calling for her “immediate and without delay” reinstatement, warning the suspension threatens judicial independence and undermines Ghana’s rule of law. They alleged violations of the Latimer House Principles, criticised the handling of witnesses and restrictions on her legal team, and urged the adoption of clear procedural rules with fixed timelines.

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Justice Torkornoo has refused to resign and is also challenging the suspension before the ECOWAS Court, calling the process “arbitrary,” “cruel,” and unconstitutional.