The Bar Council of England and Wales and the Commonwealth Lawyers Association have demanded an “immediate reinstatement” of suspended Chief Justice Gertrude Torkornoo to office.
In a joint statement on Thursday, August 14, 2025, they said the reinstatement should be done “without delay.”
“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 noted.
The two bodies urged President Mahama to ensure that the suspended Chief Justice is afforded 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 the process by her legal representatives.
The legal bodies further demanded that the President provide a clear and transparent rules of procedure to guide the disciplinary process.
They averred that the rules of procedure must “include the time frame within which the investigating committee must conclude the disciplinary process against the Chief Justice, without any further delay and communicate that decision of that process to all concerned in upholding the rule of law in Ghana.”
According to them, the decision of the investigating committee to permit petitioners to use witnesses instead of attending themselves to answer questions on their petitions against the Chief Justice “does not follow the rules and norms of due process.”
The UK Council and Commonwealth lawyers argued that the decision by the investigating committee to “deny the Chief Justice’s legal representative the respect required when attending the hearings of the investigating committee is contrary to the Latimer House Principles which underline the duty to ensure fair and just process.”
Meanwhile, the Office of the Attorney-General, has filed processes seeking to strike out a second judicial review application brought by suspended Chief Justice, Gertrude Torkornoo, who is asking the High Court to dismiss one of the three petitions filed for her removal from office.
The judicial review, filed on June 23, 2025, targets a petition submitted by a group calling itself the Shining Stars of Ghana. The suspended Chief Justice’s legal team argues that the petition is flawed because the group is not a registered entity and the identities of its members remain unknown.
However, the Attorney-General, through Deputy Attorney-General Dr. Justice Srem-Sai, contends that these claims are baseless and should not prevent the committee established under Article 146 of the Constitution from continuing its work.
In documents filed at the High Court, the AG maintains that the Chief Justice’s motion should be struck out entirely.
Background
Justice Torkornoo was suspended on April 22, 2025, following the establishment of a prima facie case against her after the receipt of three separate petitions. Her suspension, carried out in line with Article 146(6) of Ghana’s 1992 Constitution, was done in consultation with the Council of State.
Subsequently, a five-member committee chaired by Supreme Court Justice Gabriel Scott Pwamang was appointed by the President to investigate the allegations.
The Ghana Bar Association (GBA) condemned the action as unconstitutional, arguing that the president did not publish any Constitutional Instrument or regulations to justify the exercise of discretionary power, as required under Article 296 of the Constitution.
However, the suspended Chief Justice has consistently raised serious concerns over her treatment during the inquiry process. She has accused the committee of actions that she claims amount to abuse and violation of her fundamental human rights. These include:
Invasive body searches
Confiscation of her mobile devices and laptop
Denial of access to her family during hearing sessions
Her legal challenge at the ECOWAS Court adds an international dimension to what is already one of the most significant judicial controversies in Ghana’s recent legal history.
