Attorney General Dr. Dominic Ayine has confirmed that Chief Justice Gertrude Torkornoo’s suspension will stay in effect until the inquiry committee completes its work and presents a report to President John Dramani Mahama.
Dr. Ayine emphasised that the suspension strictly follows the rules of the 1992 Constitution, refuting allegations of constitutional violations or government intervention in the handling of the three petitions against the Chief Justice.
His comments follow a joint statement released on August 14 by the Bar Council of England and Wales and the Commonwealth Lawyers Association, which urged President Mahama to promptly reinstate Justice Torkornoo. The statement referred to Ghana as a country with a strong tradition of supporting the rule of law.
The two legal groups expressed concern over the Chief Justice’s suspension on April 22, 2025.
Responding, Dr. Ayine stated that neither the Constitution nor the Latimer House Principles prohibit the suspension of a Chief Justice whenever a prima facie allegation of misbehaviour or misbehaviour is demonstrated.
He underlined the government’s commitment to judicial independence, separation of powers, and the rule of law, warning that any claim to the contrary was false and might misrepresent a constitutional process that was carried out honestly, transparently, and in accordance with the law.
“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,” stated the leader.
Background
On April 22, 2025, President John Dramani Mahama dismissed Chief Justice Gertrude Torkornoo from office after establishing a prima facie case based on three undisclosed petitions alleging malfeasance and incompetence.
According to Article 146(6) of Ghana’s 1992 Constitution, the president, after consulting with the Council of State, may suspend a Supreme Court justice and create an investigation committee if a prima facie case is proven. President Mahama did just that, appointing Justice Gabriel Scott Pwamang as chair of a five-member inquiry team that also included Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo, and Professor James Sefah-Dzisah.
During the investigation, Justice Paul Baffoe-Bonnie, the most senior Supreme Court justice, served as acting Chief Justice.
The suspension caused shockwaves throughout Ghana’s legal community. The Ghana Bar Association (GBA) denounced the action as unconstitutional, claiming that the president failed to publish any Constitutional Instruments or rules to explain the use of discretionary power, as required by Article 296 of the Constitution.
Similarly, the Centre for Democratic Movement (CDM) condemned the ruling as a violation of constitutional principles and judicial independence. CDM questioned the inquiry’s impartiality, claiming the committee’s politically slanted makeup and lack of transparency, which undermined due process.
Chief Justice Torkornoo has publicly defended herself, referring to the suspension and removal processes as “arbitrary,” “cruel,” and illegal. She has refused to quit, arguing that doing so would entail surrendering to a defective process and giving up her ability to defend herself.
The NPP (New Patriotic Party) shared these concerns, calling the suspension unlawful and warning that it threatened Ghana’s democratic integrity.
