Attorney General (AG) Dr. Dominic Ayine has responded to a recent by the Bar Council of England and Wales and the Commonwealth Lawyers Association regarding the suspension of Chief Justice Gertrude Torkornoo.

On Thursday, August 14, 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.

However, Attorney General Dr. Dominic Ayine has emphasised that his outfit can only intervene after the committee concludes its work and submits a report to President John Dramani Mahama.

“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,” he said.

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.

Justice Torkornoo was suspended on Tuesday, April 22, by President John Dramani Mahama following the establishment of a prima facie case based on separate petitions calling for her removal. The action was in accordance with Article 146(6) of Ghana’s 1992 Constitution and comes after consultations with the Council of State.

In July, an application for review regarding an ‘abuse of court processes’ by the embattled Chief Justice, Justice Gertrude Torkornoo, was dismissed by the Human Rights Division of the Accra High Court.The court presided over by Justice Amoako on Thursday, July 31, revealed that several claims, such as illegal composition of the committee and wrongful conduct of adversarial proceedings, were already before the Supreme Court.

Justice Amoako argued that relitigating these issues would result in duplication of litigation and abuse of court processes. As such, such claims were dismissed.

The judge also dismissed reliefs such as an order of certiorari to quash the committee’s proceedings and nullify its sittings on the basis that the Chief Justice did not receive a fair hearing, on jurisdictional grounds.

The judicial review application filed on June 9 this year sought nine reliefs, which included a series of declarations that the Article 146 committee set up to probe her removal from office had acted unlawfully.

She wanted the court to prevent the committee from proceeding with its work without providing her with authenticated copies of the petitions seeking her removal and the subsequent responses.

The Chief Justice notes that the president's purported prima facie determination contained no reasons or justification and was entirely devoid of the elements of judicial or quasi-judicial reasoning expected under the Constitution.Additionally, President Mahama set up a five-member committee to probe her removal petitions, including Justice Gabriel Scott Pwamang—Supreme Court Justice (Chairman), Justice Samuel Kwame Adibu-Asiedu—Supreme Court Justice, Daniel Yaw Domelevo—Former Auditor-General Major Flora Bazwaanura Dalugo, Ghana Armed Forces Representative Prof. James Sefah Dzisah, and Associate Professor at the University of Ghana.As the proceedings of the Article 146 committee are to be held in-camera in accordance with Article 146(8) of the Constitution, the court noted that it could not inquire into matters raised by the suspended Chief Justice.

In response, Justice Gertrude Torkornoo proceeded to the ECOWAS Community Court in Abuja, Nigeria seeking compensation worth $10 million over her suspension from office by His Excellency President John Dramani Mahama.

This forms part of 10 reliefs being requested. The Chief Justice's recent suit follows several unsuccessful cases at the Supreme Court this year after her suspension.

The suspended Chief Justice wants the court to ensure she continues to enjoy the paraphernalia and entitlements of her office as the Chief Justice of Ghana pending the hearing and determination of the case.

The measures are;

“That the Republic of Ghana suspend the disciplinary/ removal from office as Chief Justice process against the Applicant, pending the hearing and determination of the complaint on the merits.”

“That Ghana refrains from taking any other measures that may harm the rights claimed by the Applicant and /or aggravate or extend the dispute submitted to the Court, or compromise the implementation of any decision that the Court may render.”

“Given the urgency of the situation, the Applicant respectfully requests the Court to hold a hearing on this request as soon as possible, and that the President of the Court ask Ghana to act in order to allow any order that the Court may issue on the Request for Assignment of Precautionary Measures to have its appropriate effect.”

The other reliefs are as follows;

“A declaration that the panel instituted by the Respondent (Ghana) to investigate and determine the allegations of misconduct against the Applicant was not constituted to guarantee its independence and impartiality and as such has violated the Applicant’s human right to fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples’ Rights.”

“A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025, constitutes a violation of her human right to fair equitable and satisfactory conditions guaranteed by Article 15 of the African Charter on Human and Peoples’ Rights.”

"A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025 has exposed her to public ridicule and odium locally and internationally and the said act constitutes a violation of her human right to dignity guaranteed by Article 5 of the African Charter on Human and Peoples’ Rights.”

“A declaration that by subjecting the Applicant to an illegal and unfair investigation and trial since April 2025, the Respondent has inflicted injuries on her professional standing and image, thereby ‘exposing her and her family to immeasurable public ridicule.”

“An order to the Respondent Republic to act immediately to prescribe the rule of procedure to govern the investigation of allegations of misconduct against the Chief Justice of the Republic of Ghana in conformity with the right to fair hearing guaranteed by the Constitution of Ghana and the African Charter on Human and Peoples’ Rights.”

“An order directing the Respondent to immediately lift the suspension and restore the Applicant to full office until the conclusion of fair constitutional proceedings.”

“An order restraining the Respondent from continuing with the purported inquiry for the removal of the Applicant as the Chief Justice of the Republic of Ghana in its current form, until it conforms to fair hearing guarantees.”

“An award of USD 10 million as compensation for moral and reputational damages suffered by the Applicant as a result of her illegal suspension and unfair investigation, and lastly,

“Any other relief(s) as the Honourable Court deems just.”

The suspended Chief Justice wants the court to ensure she continues to enjoy the paraphernalia and entitlements of her office as the Chief Justice of Ghana pending the hearing and determination of the case. The applicant has also requested the ECOWAS Court to assign four precautionary measures to the country.Meanwhile, the government's spokesperson, Felix Kwakye Ofosu, has refuted claims made by Justice Torkornoo, noting that the Chief Justice's suspension aligns with the constitution.