The Bar Council of England and Wales and the Commonwealth Lawyers Association (CLA) have intensified calls for Ghana to immediately reinstate suspended Chief Justice Gertrude Torkornoo, warning that the ongoing disciplinary process risks undermining judicial independence and the rule of law.
In an August 14 joint statement, the two bodies urged President John Dramani Mahama to reverse the April 22 suspension and to establish clear procedural rules for the inquiry, including fixed timelines and full access for the Chief Justice’s legal team.
Constitutional Concerns
Legal experts point to Ghana’s 1992 Constitution, particularly Article 146(6), which allows the President—after consulting the Council of State—to suspend a Supreme Court judge when a prima facie case is established. A committee must then investigate.
However, critics, including the Ghana Bar Association, say no Constitutional Instrument has been published to guide the process, in violation of Article 296, which requires discretionary powers to be exercised under clear regulations.
Due Process at Stake
The Bar Council and CLA argue that the current proceedings may breach Article 19(1) of the Constitution, which guarantees the right to a fair hearing, as well as Ghana’s obligations under international treaties such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.
They stress that confidentiality under Article 146 does not justify restricting the Chief Justice’s lawyers from full participation.
Questionable Petition
One of the three petitions prompting the suspension was filed by a group calling itself the Shining Stars of Ghana. Justice Torkornoo’s legal team claims the group is unregistered and its members are unknown, arguing it lacks the legal standing to file such a petition.
Deputy Attorney-General Dr. Justice Srem-Sai dismisses the objection as a mere technicality, insisting it should not halt the committee’s work.
Judicial Independence in Focus
The five-member panel investigating the Chief Justice—chaired by Justice Gabriel Scott Pwamang—has also come under scrutiny. Civil society group Centre for Democratic Movement says its composition is politically skewed, threatening the perception of impartiality required under the Commonwealth’s Latimer House Principles.
Observers warn that ignoring the Bar Council and CLA’s call could harm Ghana’s international reputation and set a dangerous precedent for executive interference in the judiciary.
Justice Torkornoo, who has described the proceedings as “arbitrary” and “cruel,” has vowed not to resign, promising to fight the allegations to the end.
