Attorney-General and Minister of Justice, Dr Dominic Akuritinga Ayine, has cooked the UK Bar Council, Commonwealth Lawyers, in his reply after they demanded President John Dramani Mahama to immediately and without delay, reinstate the suspended Chief Justice Gertrude Torkornoo .
The Attorney General described the UK Bar Council’s, Commonwealth Lawyers’ joint statement as a matter of serious concern and accused them of failing to study Ghana’s Constitution before making their demands.
In a press release dated August 15, 2025, and signed by Dr Dominic Ayine stated, “It is, however, a matter of serious concern that the BCEW and the CLA issued the joint statement without first acquainting themselves, even in a very basic way, with the relevant constitutional provisions and the material facts of the matter”.
“The suspension of Her Ladyship, Justice Torkornoo, C.J., strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146, which prescribes the procedure and the grounds for the removal of the Chief Justice and the removal of other Justices of the Superior Courts from office,” Dr Ayine explained.
Dr Dominic Ayine’s statement added, “After establishing the inquiry committee, the President, acting in accordance with further advice from the Council of State, suspended Her Ladyship, Justice Torkornoo, C.J., pending the outcome of the inquiry”.
“It is unrealistic and unbelievable that an inquiry committee with two of the suspended Chief Justice’s peers, one serving as chairperson, would deprive her of the safeguards of due process, particularly when it is public knowledge that legal counsel… has continuously and ably represented her throughout the hearings”, he said.
The Attorney-General further declared government is committed to maintaining the independence of the judiciary, the separation of powers, and the rule of law.
“The government of Ghana remains strongly committed to maintaining the independence of the judiciary, separation of powers, and the rule of law. Any suggestion otherwise is unfounded and risks distorting a constitutional process that is being conducted fairly, transparently and in accordance with the law”, he added.
Dr Dominic Ayine, in the statement, also emphasised that the suspended Chief Justice Gertrude Torkornoo’s suspension will remain until the inquiry committee completes and submits its report to President Mahama.
He added, “Neither Latimer House Principles nor the constitution prohibits the suspension of a Chief Justice once a prima facie determination of misconduct or misbehaviour has been made.
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”.
Dr Dominic Ayine’s statement comes after the UK Bar Council, Commonwealth Lawyers, has ordered President John Dramani Mahama to immediately and without delay, reinstate the suspended Chief Justice Gertrude Torkornoo to office.
It will be recalled, President Mahama suspended the Chief Justice following a prima facie case being determined against her by the Council of State.
Part of the statement read, “President John Dramani Mahama has, in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case has been established in respect of three petitions against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.
The President has consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to inquire into the petitions which have been referred to them”.
On Thursday, August 14, 2025, in a joint statement, the Bar Council of England and Wales and the Commonwealth Lawyers Association demanded the reinstatement of the Chief Justice.
Parts of their statement noted, “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”.
They stated that the rules of practice must “include the time frame within which the investigating committee must conclude the disciplinary process against the Chief Justice, without any further delay and communicate that decision of that process to all concerned in upholding the rule of law in Ghana.”
According to the Bar Council of England and Wales and the Commonwealth Lawyers Association, the investigating committee permitting petitioners to use witnesses instead of attending themselves to answer questions on their petitions does not follow the rules and norms of due process.
They argued that the decision by the investigating committee to “deny the Chief Justice’s legal representative the respect required when attending the hearings of the investigating committee is contrary to the Latimer House Principles, which underline the duty to ensure fair and just process.”
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.
The suspended Chief Justice 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 group calling itself the Shining Stars of Ghana.
According to the suspended Chief Justice’s legal team, the Shining Stars of Ghana petition is flawed because the group is not a registered entity, and the identities of its members remain unknown.
However, Deputy Attorney-General Dr Justice Srem-Sai opposes that these claims are baseless and should not prevent the committee established under Article 146 of the Constitution from continuing its work.
See the post below:
This is the response by the Honourable Attorney-General of the Republic of Ghana to the joint statement issued by the Bar Council of England and Wales (@thebarcouncil) and the Commonwealth Lawyers Association (@cla_lawyers) on August 14, 2025, regarding the suspension of the Her… pic.twitter.com/hd2blMukHG
— Justice Srem-Sai (@JusticeSremSai) August 15, 2025