Kwaku Azar slams UK, Commonwealth lawyers over comments on suspended Gertrude Torkornoo

Renowned academic Professor Stephen Kwaku Asare, widely known as Kwaku Azar, has taken a strong swipe at the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA). This follows their joint statement on the suspension of Ghana’s Chief Justice, Her Ladyship Justice Gertrude A.E.S. Torkornoo.

In a statement available to Today.com.gh, released on Friday, August 15, 2025, Prof. Asare said the intervention by the two bodies was ill-timed, dismissive of Ghana’s sovereignty, and risked undermining the very judicial independence they claimed to be defending.

He began by expressing disappointment at the timing of their comments, stressing that Ghana was still in mourning after the tragic August 6 helicopter crash which killed senior public officials.

“First, we are presently in mourning following the tragic loss of distinguished public servants. We would have expected our partners in the Commonwealth to extend sympathy and respect for this period of national grief before commenting on ongoing constitutional processes,” he said.

While recognising Ghana’s ties with the Commonwealth, the law professor was emphatic that the country was fully capable of handling its constitutional affairs.

“Second, while we value our membership in the Commonwealth and the principles enshrined in the Commonwealth Charter and Latimer House Principles, we must reiterate that we are no longer a colony and are fully capable of safeguarding judicial independence, upholding due process, and resolving constitutional matters in accordance with our own laws and institutions,” he stressed.

Citing the Constitution, Prof. Asare explained that the removal or suspension of Justices of the Superior Courts is governed by Article 146 — a process designed and adopted by Ghanaians themselves.

“Third, Article 146 of our Constitution provides the legal framework for the removal or suspension of Justices of the Superior Courts. This process, developed, adopted, and applied by the sovereign will of the Ghanaian people, contains the necessary safeguards to ensure fairness, transparency, and impartiality. Any concerns about its application are addressed through our independent courts, including the ECOWAS Court of Justice, before which the Chief Justice herself has initiated proceedings,” he noted.

Prof. Asare also cautioned that foreign commentary risked creating the very impression of political manipulation that the BCEW and CLA claimed to fear.

“Fourth, while we welcome constructive dialogue from Commonwealth partners, we urge that such engagement be conducted in a manner that respects our constitutional independence, the separation of powers, and the integrity of our domestic legal processes. Public calls for executive intervention in ongoing constitutional procedures risk creating the very perception of political interference that the BCEW and CLA seek to avoid,” he warned.

He reaffirmed Ghana’s commitment to three key principles: “Upholding the rule of law and judicial independence; Ensuring due process for all office holders, including the Chief Justice; and Maintaining full compliance with constitutional and international obligations.”

The law professor also reminded Commonwealth partners that mutual respect must guide their engagement with Ghana.

“We also remind our friends in the Commonwealth that mutual respect is the foundation of enduring partnership. Advice is best offered with humility and received with grace, not as a lecture to a sovereign equal,” he said.

To underline his point, he invoked an Akan proverb:

“As our elders remind us, sɛ wo de kokromoti kɔ ayie a, yɛde asotrɔ na ɛgya wo kwan” — meaning, “when you go to a funeral with your thumb, it is courtesy that opens your way.”

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 that 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.

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