The Government of Ghana has strongly criticised the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) for calling for the reinstatement of suspended Chief Justice Gertrude Araba Torkornoo.

In a statement issued on August 15, 2025, and signed by Attorney-General and Minister of Justice, Dr Dominic Akuritinga Ayine, the government described the foreign bodies’ joint request as “a matter of serious concern,” accusing them of failing to properly acquaint themselves with Ghana’s constitutional provisions.

“It is, however, a matter of serious concern that the BCEW and the 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,” the release stated.

Due Process Under Article 146

According to the Attorney-General, Justice Torkornoo’s suspension strictly followed the procedures outlined in Article 146 of the 1992 Constitution, which governs the removal or suspension of Superior Court judges, including the Chief Justice.

Three separate petitions citing allegations of misbehaviour and incompetence were lodged against Justice Torkornoo. After review, the Council of State determined that each petition established a prima facie case, warranting further inquiry.

Subsequently, a five-member committee—comprising two Supreme Court judges and three non-lawyer members—was established to investigate. Acting on the advice of the Council of State, the President suspended Justice Torkornoo pending the committee’s findings.

Independence of the Process

Dr Ayine rejected claims of unfairness or undue delay in the process, stressing that the inquiry is independent of the Executive branch.

“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, particularly when it is public knowledge that legal counsel has continuously and ably represented her throughout the hearings,” he said.

The Attorney-General further dismissed allegations of unconstitutional conduct or executive interference, insisting that the government has fully respected the legal framework.

Commitment to Judicial Independence

The government reiterated its dedication to the rule of law, separation of powers, and judicial independence, cautioning that misleading narratives risk tarnishing Ghana’s constitutional image.

“The government of Ghana remains strongly committed to maintaining the independence of the judiciary, separation of powers, and the rule of law. Any suggestion otherwise is unfounded and risks distorting a constitutional process that is being conducted fairly, transparently, and in accordance with the law,” Dr Ayine stated.

The controversy comes as Ghana faces heightened scrutiny over the unprecedented suspension of a sitting Chief Justice, a case that has sparked debate both locally and internationally.