UK, Commonwealth lawyers demand reinstatement of suspended Gertrude Torkornoo

The Bar Council of England and Wales and the Commonwealth Lawyers Association have called for the immediate reinstatement of Ghana’s suspended Chief Justice, Her Ladyship Justice Gertrude A.E.S. Torkornoo. They warned that her continued suspension threatens judicial independence and undermines the rule of law.

In a joint statement issued on Thursday, August 14, 2025, the two legal bodies expressed “serious concern” over the April 22 suspension and urged President John Dramani Mahama and the Executive to act without hesitation.

“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,” the statement read.

The organisations described Ghana as a country with a strong tradition of upholding the rule of law and emphasised that judicial independence is essential to maintaining public confidence in the legal system.

They further called for Justice Torkornoo to be given full and transparent access to the disciplinary process, with her legal representatives fully involved. The statement also demanded the creation of clear and transparent procedural rules for disciplinary cases, including fixed timelines for concluding investigations and communicating decisions without delay.

“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,” the statement urged.

The two groups also criticised the investigating committee’s decision to allow petitioners to use witnesses instead of appearing themselves, saying it “does not follow the rules and norms of due process.” They condemned the decision to restrict the Chief Justice’s legal team during hearings, calling it contrary to the Latimer House Principles, which safeguard fairness and impartiality.

Attorney-General Opposes Chief Justice’s Legal Challenge
Meanwhile, the Office of the Attorney-General is seeking to strike out a second judicial review application filed by Justice Torkornoo.

Filed on June 23, 2025, the application targets a petition submitted by a group calling itself the Shining Stars of Ghana. Her legal team argues the petition is invalid because the group is not a registered entity and its members remain unknown. Deputy Attorney-General Dr. Justice Srem-Sai has dismissed these claims as baseless, insisting they should not halt the committee’s work under Article 146 of the Constitution.

In documents filed at the High Court, the AG maintains that the Chief Justice’s motion should be struck out entirely.

Background to the Suspension
On April 22, 2025, President John Dramani Mahama suspended Chief Justice Torkornoo from office after a prima facie case was established from three undisclosed petitions alleging misconduct and incompetence.

Under Article 146(6) of the 1992 Constitution, the President — after consulting the Council of State — may suspend a Supreme Court Justice if a prima facie case is established and appoint a committee to investigate. President Mahama invoked this provision, appointing a five-member inquiry panel chaired by Supreme Court Justice Gabriel Scott Pwamang. Other members include Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo, and Professor James Sefah-Dzisah.

Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was named Acting Chief Justice during the investigation.

The suspension has triggered sharp criticism across Ghana’s legal and political circles. The Ghana Bar Association (GBA) labelled the move unconstitutional, arguing that no Constitutional Instrument or regulations were published to justify the discretionary power, as required under Article 296. The Centre for Democratic Movement (CDM) also condemned the suspension as a violation of constitutional norms, questioning the neutrality of the inquiry panel and accusing it of political bias.

Justice Torkornoo has rejected calls to resign, describing the process as “arbitrary,” “cruel,” and unconstitutional. She maintains that stepping down would mean surrendering her right to defend herself in a flawed process.

The opposition New Patriotic Party (NPP) has joined the criticism, warning that the suspension undermines judicial independence and poses a serious threat to Ghana’s democratic integrity.

The matter has now escalated beyond Ghana’s borders, with the Chief Justice filing a case at the ECOWAS Court of Justice on July 4, 2025, challenging the constitutionality of her suspension, turning it into one of the most significant legal and constitutional battles in the Fourth Republic.