——— A-G, Dr Dominic Ayine
The Attorney-General and Minister of Justice, Dr Dominic Ayine has restated that the suspension of the Chief Justice, Gertrude Torkornoo, is grounded in law.
According to him, the process is strictly in line with Article 146 of the 1992 Constitution.
Dr Ayine said this in response to a statement issued by the Bar Council of England and the Commonwealth Lawyers Association, calling for the reinstatement of Justice Torkornoo.
“The suspension of Her Ladyship, Justice Torkornoo, C.J., strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146, which prescribes the procedure and the grounds for the removal of the Chief Justice and the removal of other Justices of the Superior Courts from office. This process is clear, comprehensive, and has been faithfully followed, ” he asserted.
“It must, therefore, be emphasised that there has been no constitutional breach or executive overreach in the consideration of the three petitions,” the Attorney-General stressed.
Please read full statement below:
THE HONOURABLE ATTORNEY-GENERAL’S RESPONSE TO THE JOINT STATEMENT BY THE BAR COUNCIL OF ENGLAND AND WALES AND THE COMMONWEALTH LAWYERS ASSOCIATION ON THE SUSPENSION OF THE CHIEF JUSTICE OF THE REPUBLIC OF GHANA
(This is the response by the Honourable Attorney-General of the Republic of Ghana to the joint statement issued by the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) on August 14, 2025, regarding the suspension of the Her Ladyship, Justice Gertrude A.E.S. Torkornoo, C.J., from the office of the Chief Justice of the Republic of Ghana).
1. The Government of Ghana acknowledges the joint statement’s expressed concern for judicial independence and commitment to constitutional governance within the Commonwealth. 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.
2. The suspension of Her Ladyship, Justice Torkornoo, C.J., strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146, which prescribes the procedure and the grounds for the removal of the Chief Justice and the removal of other Justices of the Superior Courts from office. This process is clear, comprehensive, and has been faithfully followed, as set out in the steps described below:
a. The procedure under Article 146 was triggered by three separate petitions filed by citizens of Ghana alleging stated misbehaviour and incompetence on the part of the Her Ladyship, Justice Torkornoo, C.J.
b. Following the receipt of the petitions, the President, acting under Article 146(6) and in accordance with the decided cases of the Supreme Court of Ghana, referred the petitions to the Council of SOW for their advice on whether any of the petitions discloses a prima facie against Her Ladyship, Justice Torkornoo, C.J.
The Council of State is a body of eminent persons chaired by a former Speaker of Ghana’s Parliament. Membership of the Council of State includes a retired Chief Justice, a retired Inspector-General of Police, a retired Chief of Defence Staff of the Ghana Armed Forces, a former Attorney-General, retired Justices of the Supreme Court, eminent traditional leaders, and elected representatives of each of Ghana’s administrative regions.
c. Copies of the petitions were sent to the Chief justice for her preliminary response, and upon receipt, the President forwarded copies to the Council of State. After considering the responses, the Council of State found that each of the three petitions establishes a prima facie case against Her Ladyship, justice Torkornoo, C.J.
d. Once a prima facie case was established, the President, in consultation with the Council of State, constituted a committee to inquire into the matter (as mandated by Article 146). The committee comprises two justices of the Supreme Court (one of whom serves as the chairperson) and three other members who are not lawyers, members of Parliament, or members of the Council of State.
e. After establishing the inquiry committee, the President, acting in accordance with further advice from the Council of State (as provided for under Article 146(10)(a) of the Constitution), suspended Her Ladyship, Justice Torkornoo, C.J. from the office of the Chief justice, pending the outcome of the inquiry.
3. The Government notes the joint statement’s reliance on the Commonwealth (Latimer House) Principles. Ghana’s constitutional framework is not only consistent with these Principles but also provides robust safeguards for judicial independence and procedural fairness.
The process under Article 146 of the Constitution ensures that the President does not act unilaterally but only upon the advice and findings of constitutionally mandated actors and independent investigative bodies. The President does not participate in the inquiry and, by Article 146(9), is bound by the findings of the inquiry committee.
4. Regarding concerns about representation and participation in the proceedings, the Attorney-General is confident that the inquiry committee – established under Article 146(6) and chaired by the Chief justice’s peer (a Supreme Court justice) -is acting within the bounds of the law.
We also believe that 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 fully respond to the allegations.
5. As to suggestions of delay or procedural impropriety, it is important to emphasise that the Committee is wholly independent of the executive arm of Government and conducts its work in accordance with its own procedural rules, consistent with the constitutional principle of legality, fairness and reasonableness.
By the provisions of Article 146, all proceedings related to the removal of superior court justices are held in camera, and the President, like all other citizens, is not privy to them.
However, 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 (comprising distinguished legal academics and practitioners) has continuously and ably represented her throughout the hearings.
Bearing in mind that the proceedings commenced only on May 15, 2025, any suggestion of undue delay is, to put it mildly, grossly misplaced.
6. It must, therefore, be emphasised that there has been no constitutional breach or executive overreach in the consideration of the three petitions. Applications for interlocutory injunctions and judicial review brought before both the Supreme Court and the High Court by the suspended Chief Justice and her associates in an effort to restrain or halt the inquiry committee proceedings have been duly considered and dismissed by the courts as lacking in merit.
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 Torkomoo, C.J. and her associates canvassed before the Supreme Court and the High Court.
It is also important to mention that Justice Torkornoo, C.J. has presented similar arguments in her case before the ECOWAS Court, which the Government of Ghana is defending on behalf of its citizens.
7. 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.
8. Finally, neither the Latimer House Principles nor the constitution prohibits the suspension of a Chief Justice, once a prima facie determination of misconduct or misbehaviour has been made. The suspension will, therefore, remain in effect until the inquiry committee completes its work and submits its report, to which His Excellency, the President will adhere.
SIGNED.
HON. DR. DOMINIC AKURITINGA AYINE (M.P.) Attorney-General & Minister for Justice
Source:lovinghananews.com
