The Bar Council of England and Wales and the Commonwealth Lawyers Association (CLA) have expressed serious concerns over the suspension of Ghana’s Chief Justice, Her Ladyship Justice Gertrude A.E.S. Torkornoo. In a joint statement, they called on President John Mahama and the Executive government of Ghana to immediately reinstate the Chief Justice, citing Ghana’s strong attachment to the rule of law and constitutional duties.
Key Concerns
– Lack of Due Process: The suspension appears to be in breach of Ghana’s constitutional duties and principles that require judges to be suspended or removed only for reasons of incapacity or stated misbehavior.
– Unfair Treatment: The investigating committee’s decision to permit petitioners to use witnesses instead of attending themselves to answer questions on their petitions against the Chief Justice raises concerns about the fairness of the process.
– Disrespect to the Chief Justice’s Legal Representative: The committee’s treatment of the Chief Justice’s legal representative has been deemed unacceptable and contrary to the Latimer House Principles ¹.
Ghana’s Commitment to the Rule of Law
The CLA and the Bar Council of England and Wales emphasized the importance of an independent and impartial judiciary in upholding the rule of law and ensuring public confidence in the justice system. Ghana’s commitment to the Commonwealth Charter and the Latimer House Principles underscores the need for a fair and transparent process in disciplinary matters involving judges.
Call to Action
The Bar Council of England and Wales and the CLA are urging the President of Ghana and the Executive government to:
– Immediately Reinstate the Chief Justice: Restore the Chief Justice to her office, consistent with Ghana’s strong attachment to the rule of law and constitutional duties.
– Ensure Due Process: Provide the Chief Justice with fair and transparent access to the investigation and determination of disciplinary matters, including full access for her legal representatives.
– Establish Clear Rules of Procedure: Set clear and transparent rules of procedure to guide the disciplinary process, including a timeframe for concluding the investigation and communicating the decision to all concerned ¹.