The Bar Council of England and Wales and the Commonwealth Lawyers Association have called for the immediate reinstatement of Ghana’s Chief Justice, Her Ladyship Justice Gertrude by President John Dramani Mahama and the Executive arm of government.

“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; and

“Afford the Chief justice due and fair process in the investigation and determination of the disciplinary matters brought against her including but not limited to) full and transparent access to that process by her legal representatives,” the group demanded in a joint statement issued on August 14.

The group has further asked the government for a proper and impartial investigation of the disciplinary charges against her, with her lawyers given full and transparent access to the proceedings.

In addition to the demands by both groups, is the establishment of transparent procedural rules to guide the disciplinary process, including a definite timeframe within which the investigative committee must conclude its work and communicate its decision.

The Ghana Bar Association (GBA) has also called for the immediate revocation of Chief Justice Gertrude Torkornoo’s suspension, deeming it unconstitutional and lacking a legal basis under Ghana’s 1992 Constitution.

The Association described the move as “flawed” and emphasized that the suspension violated constitutional protocols.

In a statement dated April 26, the GBA stated, “The Ghana Bar Association calls for the immediate revocation of the suspension of the Chief Justice as it considers the suspension to be unconstitutional.”

The GBA pointed out that the suspension was carried out without any published Constitutional Instrument, Statutory Instrument, or regulation governing the exercise of presidential discretion, which goes against Article 296 of the Constitution. “The suspension was carried out without any published Constitutional Instrument, Statutory Instrument, or regulation governing the exercise of that presidential discretion, in violation of Article 296 of the Constitution,” the GBA’s statement read.

The Association further called for the government to enact clear and comprehensive regulations to guide processes under Article 146, which covers the impeachment or removal of Superior Court justices. “We urge the government to immediately enact clear and comprehensive regulations to guide all processes under Article 146,” the statement noted.

Additionally, the GBA demanded the President release the full decision that establishes a prima facie case against Chief Justice Torkornoo, aligning with established precedent and promoting fairness and transparency. “The GBA also called on the President to release the full decision establishing a prima facie case against Chief Justice Torkornoo,” the statement read.

The Bar Association also condemned prejudicial and politically motivated commentary surrounding the suspension, warning that such remarks risk eroding public trust in the judiciary. “The GBA condemns what it describes as prejudicial and politically motivated commentary surrounding the matter, warning that such statements risk eroding public trust in the judiciary,” the statement added.

In response to these developments, the GBA reaffirmed its commitment to defending the judicial process from undue interference and unjustifiable attacks. “The Association affirms its commitment to safeguarding the sanctity of the judicial process and resolves to take all appropriate legal measures to protect the Judiciary from undue interference or unjustifiable attacks,” the statement concluded.

The suspension has sparked widespread debate, with many waiting to see how the Presidency responds to the GBA’s demands and how the situation will unfold in the coming days.

Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has been suspended by President John Dramani Mahama after a preliminary determination indicated grounds for a formal probe into her conduct.

The suspension, announced on Tuesday, April 22, follows the establishment of a prima facie case based on three separate petitions calling for her removal. The action is in accordance with Article 146(6) of Ghana’s 1992 Constitution and comes after consultations with the Council of State.

Although the details of the petitions remain undisclosed, the situation has generated intense discussion among legal and political observers, with concerns raised over the implications for judicial accountability and institutional trust.

Chief Justice Torkornoo, who was officially notified and given a 10-day window to respond to the allegations, submitted her defense on April 7. Following a review of her response and further consultation, the presidency concluded that the case merited further investigation.

A five-member committee has been constituted to carry out the inquiry. It is chaired by Supreme Court Justice Gabriel Scott Pwamang and includes Justice Samuel Kwame Adibu Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.

Per constitutional provisions under Article 146(10), the President, acting on the advice of the Council of State, has signed a warrant for her immediate suspension while investigations proceed.

Justice Torkornoo was appointed as Ghana’s 15th Chief Justice in June 2023, succeeding Justice Kwasi Anin-Yeboah. Her appointment marked her as the third woman to serve in the role in Ghana’s history.