The Bar Council of England and Wales and the Commonwealth Lawyers Association (CLA) have expressed serious concerns over the suspension of Ghana’s Chief Justice, Her Ladyship Justice Gertrude A.E.S. Torkornoo. The suspension, which occurred on April 22, 2025, raises questions about the independence and impartiality of the judiciary in Ghana.
Concerns Over the Suspension
The CLA and the Bar Council of England and Wales have highlighted several issues with the suspension, including:
Lack of Due Process: The decision to suspend the Chief Justice appears to be in breach of Ghana’s constitutional duties and principles that require judges to be suspended or removed only for reasons of incapacity or stated misbehavior.
Unfair Treatment: The investigating committee’s decision to permit petitioners to use witnesses instead of attending themselves to answer questions on their petitions against the Chief Justice raises concerns about the fairness of the process.
Disrespect to the Chief Justice’s Legal Representative: The committee’s treatment of the Chief Justice’s legal representative has been deemed unacceptable and contrary to the Latimer House Principles.
Call to Action
The CLA and the Bar Council of England and Wales are calling on the President of Ghana and the Executive government to:
Immediately Reinstate the Chief Justice: Restore the Chief Justice to her office, consistent with Ghana’s strong attachment to the rule of law and constitutional duties.
Ensure Due Process: Provide the Chief Justice with fair and transparent access to the investigation and determination of disciplinary matters, including full access for her legal representatives.
Establish Clear Rules of Procedure: Set clear and transparent rules of procedure to guide the disciplinary process, including a timeframe for concluding the investigation and communicating the decision to all concerned.
Importance of an Independent Judiciary
The CLA and the Bar Council of England and Wales emphasize the importance of an independent and impartial judiciary in upholding the rule of law and ensuring public confidence in the justice system. Ghana’s commitment to the Commonwealth Charter and the Latimer House Principles underscores the need for a fair and transparent process in disciplinary matters involving judges.
By upholding the principles of judicial independence and due process, Ghana can maintain its strong reputation for adhering to the rule of law and ensure that its judiciary remains a cornerstone of democracy and justice.
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