The Bar Council of England and Wales and the Commonwealth Lawyers Association have expressed “serious concern” over the continued suspension of Ghana’s Chief Justice (CJ) Gertrude Torkornoo, and are calling for her immediate reinstatement.
In a joint statement issued Thursday, August 14, the two bodies said the April 22, 2025, suspension, which Justice Torkornoo is challenging at the ECOWAS Court after earlier domestic legal actions, raises significant questions about judicial independence and constitutional safeguards.
They argued that any executive action perceived as undermining the judiciary is “a matter of serious concern.”
They pointed to the Commonwealth Charter and the Latimer House Principles, which require fairness, due process, and an impartial tribunal in any disciplinary proceedings against a judge.
The statement criticised several aspects of the process so far, including allowing petitioners to present witnesses instead of personally answering questions, denying the Chief Justice’s lawyer due respect at committee hearings, and delays in concluding the proceedings.
The groups described the suspension as a “prima facie” breach of the Executive’s constitutional duties, citing Article 146 of the Constitution, which only permits removal or suspension of a Superior Court judge for “stated misbehaviour or incompetence” or inability to perform duties due to infirmity.
They have urged President John Mahama’s government to reinstate Justice Torkornoo without delay, ensure her legal team has full and transparent access to the process, and publish clear procedural rules with timelines for concluding the inquiry.
“The hour to uphold the rule of law and the constitutional duties incumbent upon Ghana is now,” the statement stressed.
The Bar Council represents about 17,000 barristers in England and Wales, while the Commonwealth Lawyers Association works to promote and protect the rule of law across Commonwealth countries.
Source: Myjoyonline.com
