Keypoints:
- Ghana says CJ suspension follows Constitution
- UK lawyers allege breach of judicial independence
- Gov’t insists no executive overreach occurred
GHANA’S Attorney-General Dr Dominic Ayine has rejected a call by the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) for the immediate reinstatement of suspended Chief Justice Gertrude Torkonoo, saying their demands have no basis in fact or law.
In a press release on August 15, 2025, Dr Ayine said it was ‘a matter of serious concern’ that the two UK-based legal bodies had issued their statement ‘without first acquainting themselves, even in a very basic way, with the relevant constitutional provisions and the material facts of the matter’.
Suspension follows Article 146 process
He stressed that Justice Torkonoo’s suspension ‘strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146’, which governs the removal of superior court judges. According to the Attorney-General, three separate petitions alleging stated misbehaviour and incompetence were first reviewed by the Council of State, which found a prima facie case before the President suspended the Chief Justice pending the outcome of an inquiry.
Dr Ayine emphasised that the process ‘ensures that the President does not unilaterally act but only upon the advice and findings of constitutionally mandated actors and independent investigative bodies’. He rejected any claims of executive interference, stating: ‘It must, therefore, be emphasised that there has been no constitutional breach or executive overreach in the consideration of the three petitions.’
Similarity to dismissed legal arguments
He also criticised the similarity between the UK statement and legal arguments that have already been dismissed by Ghana’s courts. ‘We feel considerably reluctant to mention that the sound (including the very words) of the BCEW and the CLA joint statement vividly clones the dismissed grounds which Her Ladyship, Justice Torkonoo, C.J., and her associates canvassed before the Supreme Court and the High Court,’ he said.
The Attorney-General added that similar arguments have been presented before the ECOWAS Court, where Ghana is defending the case, and reaffirmed that the suspension ‘will remain in effect until the inquiry committee completes its work and submits its report’.
UK lawyers allege constitutional breach
The BCEW and CLA, in their August 14, 2025 joint statement, described the suspension as ‘prima facie in clear breach of Ghana’s Executive’s constitutional duties’ and urged the government to ‘immediately and without delay, reinstate the Chief Justice of Ghana to her office’.
They cited Article 146 of Ghana’s Constitution, which they said only permits the removal or suspension of judges for incapacity or stated misbehaviour. The statement also criticised procedural irregularities, including the decision to allow petitioners to present witnesses instead of appearing in person, and alleged that the Chief Justice’s legal representatives had not been treated with respect during proceedings.
Call for fair process and transparency
The UK bodies called on Ghana to ‘afford the Chief Justice due and fair process in the investigation and determination of the disciplinary matters brought against her, and provide clear and transparent rules of procedure… including the time frame within which the investigating committee must conclude the disciplinary process’.
The joint statement also invoked the Commonwealth Charter commitment to ‘an independent, impartial, honest and competent judiciary’ and the Latimer House Principles, which require fair disciplinary proceedings, proper information, representation, and an impartial tribunal.
Mixed reaction at home
Social media reaction has been mixed. Some Ghanaian commentators have welcomed the UK intervention as a defence of judicial independence, while others have dismissed it as unwarranted interference in Ghana’s internal affairs.
Whether the BCEW and CLA will revisit their position in light of Dr Ayine’s rebuttal remains to be seen.
