Ghana’s Attorney-General has defended the suspension of Chief Justice Gertrude A.E.S. Torkornoo, insisting that the action strictly follows the 1992 Constitution and is not a breach of judicial independence.
The response follows a joint statement issued by the Bar Council of England and Wales and the Commonwealth Lawyers Association on August 14, 2025, expressing concern over the suspension.
In a press release, the Attorney-General said it was “a matter of serious concern that the BCEW and CLA issued the joint statement without first acquainting themselves, even in a very basic way, with the relevant constitutional provisions and the material facts of the matter.”
According to the statement, three separate petitions filed by Ghanaian citizens alleging “stated misbehaviour and incompetence” against the Chief Justice triggered the process under Article 146 of the Constitution. The petitions were referred to the Council of State, which found a prima facie case against Justice Torkornoo.
Following this, the President, in consultation with the Council of State, set up an inquiry committee consisting of two Supreme Court Justices and three non-lawyer members. Acting on further advice from the Council of State, the President then suspended the Chief Justice pending the outcome of the inquiry.
“The process under Article 146 ensures that the President does not act unilaterally but only upon the advice and findings of constitutionally mandated actors and independent investigative bodies,” the Attorney-General stressed, adding that the findings of the committee bind the President.
The Attorney-General also assured that the Chief Justice’s rights are being fully protected. “The Chief Justice, like any other Superior Court Justice subject to such proceedings, receives all the protections available under Ghanaian law, including the right to legal representation of choice, and the right to respond to the allegations fully,” the statement said.
Rejecting claims of political interference or procedural abuse, the Attorney-General emphasized that the inquiry committee is “wholly independent of the executive” and that all proceedings are conducted in camera as required by the Constitution.
“It is unrealistic and unbelievable that an inquiry committee with two of the suspended Chief Justice’s peers, one serving as chairperson, would deprive her of the safeguards of due process,” the release noted.
The government insists that the suspension of Justice Torkornoo is in line with Ghana’s constitutional framework and consistent with the Commonwealth’s Latimer House Principles on judicial independence.
