Ghana’s judiciary has once again come under the international spotlight as two major legal associations—the Bar Council of England and Wales and the Commonwealth Lawyers Association—have strongly condemned the suspension of Chief Justice Gertrude Torkornoo. The groups are urging the immediate reversal of the decision, warning that the development poses a serious threat to judicial independence and constitutional order.
The suspension, which took effect on April 22, 2025, is already the subject of legal challenges both within Ghana and before the ECOWAS Court of Justice. Justice Torkornoo, who has insisted on defending her position, argues that the decision is politically motivated and lacks constitutional basis.
In a joint statement issued on Thursday, August 14, the international legal bodies emphasized that actions perceived as executive interference in the judiciary undermine public confidence and breach long-standing Commonwealth principles. They drew attention to the Commonwealth Charter and the Latimer House Principles, which explicitly safeguard judicial independence, guarantee due process, and require impartial disciplinary procedures against judges.
The two organisations also highlighted procedural flaws in the handling of the case so far. Among their concerns were the decision to allow petitioners to call witnesses instead of personally answering questions, the alleged mistreatment of Justice Torkornoo’s legal representatives during hearings, and the protracted delays in concluding the inquiry. Such irregularities, they noted, raise suspicions of political manipulation.
The statement went further to describe the suspension as a clear violation of Article 146 of Ghana’s Constitution, which restricts disciplinary action against judges of the Superior Courts to situations involving “stated misbehaviour, incompetence, or infirmity of body or mind.” Anything outside this constitutional framework, they argued, amounts to an abuse of executive power.
Calling on President John Mahama’s administration to act swiftly, the organisations urged government to restore Justice Torkornoo to her post, ensure her defence team is given full access to a fair process, and introduce transparent procedural rules with strict timelines to avoid further delays.
The Bar Council, which represents over 17,000 barristers in England and Wales, together with the Commonwealth Lawyers Association, which advocates for the rule of law across member states, stressed that Ghana’s reputation as a beacon of democracy in Africa is at stake. They insisted that the country must show commitment to upholding its constitutional values at this critical moment.
“The hour to defend the rule of law is now,” the joint statement concluded, making it clear that the global legal community is watching closely how Ghana resolves this judicial crisis.
