The Bar Council of England and Wales and the Commonwealth Lawyers Association have raised serious concerns over the April 22, 2025, suspension of Ghana’s Chief Justice, Her Ladyship Justice Gertrude.
In a joint statement issued on August 14, the two legal bodies urged President John Dramani Mahama and the Executive arm of government to immediately reinstate Justice Gertrude, describing Ghana as a nation with a strong tradition of upholding the rule of law.
They further called on the government to ensure the Chief Justice is afforded due and fair process in the investigation of disciplinary matters brought against her, including full and transparent access to the proceedings by her legal representatives.
The groups also demanded the establishment of clear and transparent procedural rules to guide the disciplinary process, including a definite timeframe within which the investigative committee must conclude its work and communicate its decision.
They stressed that such measures are essential to safeguarding the rule of law in Ghana.
“Immediately and without delay, reinstate the Chief Justice of Ghana to her Office. consistent with both the hitherto strong attachment to the rule of law demonstrated by Ghana and also, the constitutional duties incumbent upon them; and
“Afford the Chief justice due and fair process in the investigation and determination of the disciplinary matters brought against her including but not limited to) full and transparent access to that process by her legal representatives,” the group demanded.
Meanwhile, the Office of the Attorney-General, has filed processes seeking to strike out a second judicial review application brought by suspended Chief Justice, Gertrude Torkornoo, who is asking the High Court to dismiss one of the three petitions filed for her removal from office.
The judicial review, filed on June 23, 2025, targets a petition submitted by a group calling itself the Shining Stars of Ghana. The suspended Chief Justice’s legal team argues that the petition is flawed because the group is not a registered entity and the identities of its members remain unknown.
However, the Attorney-General, through Deputy Attorney-General Dr. Justice Srem-Sai, contends that these claims are baseless and should not prevent the committee established under Article 146 of the Constitution from continuing its work.
In documents filed at the High Court, the AG maintains that the Chief Justice’s motion should be struck out entirely.
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.
