BY Daniel Bampoe
Two leading international legal organisations—the Bar Council of England and Wales and the Commonwealth Lawyers Association (CLA)—have jointly issued a strongly worded statement expressing grave concern over the continued suspension of the Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Justice Torkornoo, who was appointed to the country’s highest judicial office on 12 June 2023 by then-President Nana Addo Dankwa Akufo-Addo, was suspended from duty on 22 April 2025 by President John Dramani Mahama’s administration.
The decision has since sparked a wave of criticism locally and internationally, with questions raised over its constitutionality and its impact on Ghana’s long-standing commitment to judicial independence.
According to the joint statement dated 14 August 2025, the two bodies warned that any executive action perceived to undermine the independence of the judiciary threatens the very foundation of the rule of law.
They noted that Ghana, as a member of the Commonwealth, is bound by the Commonwealth Charter and the Latimer House Principles, both of which enshrine the right of judges to fair disciplinary processes free from political interference.
The statement referenced Article 146 of Ghana’s 1992 Constitution, which stipulates that a Justice of the Superior Court or a Regional Tribunal Chairman can only be removed from office for “stated misbehaviour, incompetence, or inability to perform the functions of the office due to infirmity of body or mind.”
The organisations accused the Ghanaian Executive of breaching these constitutional safeguards by continuing the suspension without conclusive findings based on due process.
Concerns raised in the statement include:
The decision to allow petitioners to use witnesses rather than personally answer questions before the disciplinary committee.
The alleged disrespect shown to the Chief Justice’s legal representatives during committee hearings.
The delay in concluding the disciplinary proceedings, which the bodies say undermines the principles of natural justice.
Justice Torkornoo has already challenged her suspension in Ghana’s courts and, as of 4 July 2025, has escalated the matter to the ECOWAS Court of Justice, citing procedural unfairness and constitutional violations.
The Bar Council and the CLA have now called on the Ghanaian government to:
1. Immediately reinstate Justice Torkornoo to her office.
2. Ensure full and fair process in the investigation, granting her legal team transparent access to all proceedings
3. Establish clear procedural rules and a defined timeframe for the disciplinary process to conclude
The CLA, an international non-profit organisation, exists to uphold the rule of law across the Commonwealth through the promotion of an independent legal profession committed to ethics and integrity.
The Bar Council, representing around 17,000 barristers in England and Wales, is the profession’s approved regulator and advocates for the preservation of an independent judiciary as a cornerstone of justice.
The statement is the latest in a series of interventions by legal and civil society groups, both within and outside Ghana, who argue that the suspension of the Chief Justice risks eroding public confidence in the judiciary at a time when the rule of law must be protected with utmost vigilance.
