A member of the National Democratic Congress (NDC) legal team, Victor Kwadjoga Adawudu, has criticised the Commonwealth Lawyers Association and the Bar Council of England and Wales over their call for the immediate reinstatement of Ghana’s suspended Chief Justice, Gertrude Torkornoo.
Mr. Adawudu argued that the foreign legal bodies overstepped their bounds by attempting to dictate outcomes to Ghana, instead of respecting the country’s constitutional procedures.
“I think the Bar Council in England and the Commonwealth got it wrong because every country has its constitution. They should not just come and say reinstate the Chief Justice when the committee has not even finished its work,” he said.
He added that due process must be allowed to take its course and that the concerns raised by the foreign bodies reflect a “colonial mentality.”
“They should have just said they are watching and following to see if due process is being followed, rather than issuing an ultimatum to a sovereign country. They should not belittle our intelligence,” Mr. Adawudu stressed.
His comments come after the Bar Council of England and Wales and the Commonwealth Lawyers Association issued a joint statement on August 14, raising concerns over the April 22 suspension of the Chief Justice.
They urged President John Dramani Mahama to immediately reinstate her, describing Ghana as a nation with a long-standing tradition of upholding the rule of law.
The legal bodies also called for transparency in the ongoing disciplinary proceedings and demanded that the Chief Justice’s legal representatives be given full access to the process.
Meanwhile, the Office of the Attorney-General has filed processes at the High Court seeking to strike out a second judicial review application brought by Justice Torkornoo. The suspended Chief Justice is challenging one of the three petitions filed for her removal, describing it as flawed since it was submitted by a group whose membership and legal standing are in question.
The Attorney-General, through Deputy Attorney-General Dr. Justice Srem-Sai, insists the petition is valid and that the claims being raised by Justice Torkornoo’s legal team should not hinder the committee established under Article 146 from continuing its work.
Background
On April 22, 2025, President Mahama suspended Chief Justice Gertrude Torkornoo after a prima facie case was established against her, following three separate petitions alleging misconduct and incompetence.
Under Article 146(6) of the 1992 Constitution, the president, after consulting the Council of State, may suspend a Supreme Court Justice if a prima facie case is found, and subsequently set up a committee to investigate. A five-member panel, chaired by Justice Gabriel Scott Pwamang, was accordingly constituted to lead the inquiry.
Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed acting Chief Justice while the investigation continues.
The suspension has divided opinion within Ghana’s legal and political circles, with the Ghana Bar Association, the Centre for Democratic Movement, and the opposition NPP condemning the action as unconstitutional and a threat to judicial independence.
Justice Torkornoo has, however, vowed not to resign, describing the process as arbitrary and unconstitutional, while insisting on her right to defend herself.
