Torkornoo’s suspension will stand – AG tells Commonwealth Lawyers
Attorney General Dr. Dominic Ayine has clarified that the suspension of Chief Justice Gertrude Torkornoo will remain in force until the inquiry committee concludes its work and submits a report to President John Dramani Mahama.
Dr. Ayine emphasized that the suspension strictly adheres to the provisions of the 1992 Constitution, dismissing claims of constitutional breaches or executive interference in the handling of the three petitions against the Chief Justice.
His comments follow a joint statement by the Bar Council of England and Wales and the Commonwealth Lawyers Association, issued on August 14, urging President Mahama to immediately reinstate Justice Torkornoo. The statement described Ghana as a country with a strong tradition of upholding the rule of law.
The two legal bodies expressed concern over the April 22, 2025, suspension of the Chief Justice.
Responding, Dr. Ayine said neither the Constitution nor the Latimer House Principles prevent the suspension of a Chief Justice once a prima facie case of misconduct or misbehaviour has been established.
He reaffirmed government’s commitment to judicial independence, separation of powers, and the rule of law, cautioning that any suggestion to the contrary was unfounded and risked misrepresenting a constitutional process being conducted fairly, transparently, and in line with the law.
“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,” he said.
Background
On April 22, 2025, President John Dramani Mahama suspended Chief Justice Gertrude Torkornoo from office following the establishment of a prima facie case based on three undisclosed petitions alleging misconduct and incompetence.
Under Article 146(6) of Ghana’s 1992 Constitution, the president, after consulting the Council of State, may suspend a Supreme Court justice if a prima facie case is established and appoint a committee to investigate. President Mahama did exactly that—forming a five-member inquiry panel chaired by Justice Gabriel Scott Pwamang, with other members including Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo, and Professor James Sefah-Dzisah.
Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed acting Chief Justice during the investigation process.
The suspension sent shockwaves through Ghana’s legal community. The Ghana Bar Association (GBA) condemned the action as unconstitutional, arguing that the president did not publish any Constitutional Instrument or regulations to justify the exercise of discretionary power, as required under Article 296 of the Constitution.
Similarly, the Centre for Democratic Movement (CDM) denounced the decision as a breach of constitutional norms and judicial independence. CDM challenged the impartiality of the inquiry, citing the committee’s composition as politically skewed and lacking transparency, thereby undermining due process.
Chief Justice Torkornoo has publicly defended herself, characterising the suspension and removal proceedings as “arbitrary,” “cruel,” and unconstitutional. She has refused to resign, emphasising that doing so would amount to submitting to a flawed process and forfeiting her right to defend herself.
The NPP (New Patriotic Party) echoed these concerns, condemning the suspension as unconstitutional and warning that it jeopardised Ghana’s democratic integrity.
