The Office of the Attorney-General and Ministry of Justice of Ghana has responded to concerns raised by the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) regarding the suspension of Chief Justice Gertrude A.E.S. Torkornoo. In a press release dated August 15, 2025, the Attorney-General’s office explained that the suspension was triggered by three separate petitions filed by citizens of Ghana alleging misconduct and incompetence on the part of the Chief Justice.
The Attorney-General’s office emphasized that the suspension strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146, which outlines the procedure and grounds for the removal of the Chief Justice and other Justices of the Superior Courts from office. The process was initiated after 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 State for their advice on whether any of the petitions disclose a prima facie case against Her Ladyship Justice Torkornoo, C.J.
The Attorney-General’s office also addressed concerns raised by the BCEW and CLA, stating that the Government of Ghana acknowledges the joint statement’s expressed concern for judicial independence and commitment to constitutional governance within the Commonwealth. However, it is a matter of serious concern that the BCEW and CLA issued the joint statement without first acquainting themselves with the relevant constitutional provisions and material facts of the matter.
The suspension of Chief Justice Torkornoo has sparked intense debate, with some legal experts viewing it as a commitment to accountability, while others see it as a dangerous precedent for executive overreach into judicial independence. The Ghana Bar Association has condemned the suspension as unconstitutional, arguing that no Constitutional Instrument or regulations were published to justify it as required by Article 296.
In related news, Chief Justice Torkornoo has filed a lawsuit at the ECOWAS Court of Justice challenging the constitutionality of her suspension. The Attorney-General’s office has urged the High Court to dismiss the lawsuit, arguing that the matter is under review by a committee established under Article 146 of the Constitution.