The government has rejected calls for the reinstatement of Chief Justice Gertrude Torkornoo, insisting her suspension follows the country’s constitutional process.
In a statement issued on Friday, Attorney-General Dominic Ayine said the action taken against Justice Torkornoo “strictly adheres” to Article 146 of the 1992 Constitution, which sets out the grounds and procedures for the removal of superior court judges.
The response comes after the Bar Council of England and Wales and the Commonwealth Lawyers Association expressed “serious concern” earlier this week, describing the suspension as a threat to judicial independence.
Dr Ayine criticised the two organisations for intervening “without first acquainting themselves” with Ghana’s constitutional provisions and the facts of the case.
Justice Torkornoo, who became Chief Justice in June 2023, was suspended in April after three separate petitions alleged misconduct and incompetence. The petitions were referred to the Council of State, which advised that a prima facie case had been established.
The Attorney-General explained that a five-member inquiry committee, including two Supreme Court justices, was then constituted to investigate the allegations. He stressed that the President “does not participate in the inquiry” and is bound by the committee’s findings.
“It is unrealistic and unbelievable that an inquiry committee – with two of the suspended Chief Justice’s peers – would deprive her of the safeguards of due process,” Dr Ayine said, noting that she has been represented by senior lawyers throughout the hearings.
He dismissed claims of delay as “grossly misplaced”, pointing out that proceedings only began in May and were being conducted independently of the executive.
The government also rejected suggestions of executive overreach, saying Ghana’s courts had already dismissed attempts by Justice Torkornoo to block the inquiry. The Chief Justice has also taken the matter to the ECOWAS Court of Justice.
Dr Ayine reaffirmed Ghana’s commitment to judicial independence and the rule of law but said the suspension would remain in place until the inquiry committee completed its work.
