Attorney General Dr. Dominic Ayine has insisted that the suspension of Chief Justice Gertrude Torkornoo will remain in force until the committee of inquiry completes its investigations and submits its report to President John Dramani Mahama.
Addressing concerns raised by international legal bodies, Dr. Ayine stressed that the process is firmly rooted in Ghana’s 1992 Constitution and does not amount to an abuse of executive power. He dismissed claims that the suspension undermines judicial independence or breaches constitutional principles.
His remarks come in response to a joint statement released on August 14, 2025, by the Bar Council of England and Wales and the Commonwealth Lawyers Association. The two bodies urged President Mahama to immediately reinstate Justice Torkornoo, praising Ghana as a country with a longstanding tradition of upholding the rule of law. They also expressed worry about the potential impact of the April 22 suspension on judicial independence.
Dr. Ayine countered these claims, explaining that under Article 146(6) of the Constitution, once a prima facie case is established against a justice of the Supreme Court or Chief Justice, the president is empowered—after consulting the Council of State—to suspend the official pending investigations. He clarified that neither the Constitution nor the Latimer House Principles prevent such a suspension when credible allegations of misconduct or misbehaviour are involved.
“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. Ayine said.
He further reassured the legal community and the public that the government remains committed to judicial independence, separation of powers, and transparency in the process. He cautioned against suggestions that the suspension was politically motivated, saying such claims misrepresent a constitutionally mandated procedure.
Chief Justice Gertrude Torkornoo was suspended on April 22, 2025, after three petitions alleging misconduct and incompetence were filed against her. Acting in accordance with constitutional provisions, President Mahama set up a five-member committee to investigate the claims. The panel is chaired by Justice Gabriel Scott Pwamang and includes 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 to oversee the judiciary during the inquiry.
The decision sparked sharp divisions within Ghana’s legal and political landscape. The Ghana Bar Association (GBA) condemned the move, arguing that it violated Article 296 of the Constitution, which requires the publication of a Constitutional Instrument to guide discretionary presidential powers. Similarly, the Centre for Democratic Movement (CDM) criticised the process as politically influenced and lacking transparency, raising doubts about the impartiality of the inquiry panel.
Chief Justice Torkornoo herself has strongly rejected the allegations and the process, describing it as “arbitrary” and “cruel.” She has vowed not to resign, insisting on her right to defend herself against what she calls unconstitutional attempts to remove her.
The opposition New Patriotic Party (NPP) has also condemned the suspension, warning that it threatens Ghana’s democratic integrity and the principle of judicial independence.
Meanwhile, the inquiry committee has begun its work, with the nation closely watching how the process unfolds. Legal observers note that the case could set a major precedent for the interpretation of constitutional provisions on the suspension and possible removal of a Chief Justice in Ghana.
