The Bar Council of England and Wales and the Commonwealth Lawyers Association (CLA) have issued a joint statement voicing serious concern over the suspension of Ghana’s Chief Justice, Her Ladyship Justice Gertrude A.E.S. Torkornoo, following a constitutional challenge to her appointment.

The two legal bodies stressed that judicial independence is a cornerstone of the rule of law and warned that actions perceived to undermine it are “a matter of serious concern.”

At the heart of the issue is a lawsuit filed before the ECOWAS Court of Justice, questioning the constitutionality of Justice Torkornoo’s appointment.

The subsequent suspension, the statement notes, has raised domestic concerns about procedural fairness, judicial independence, and adherence to constitutional safeguards.

Citing the Commonwealth Charter and the Latimer House Principles—which set standards for accountability and separation of powers—the organisations underscored that any disciplinary process involving judges must ensure fairness, transparency, and the right to representation.

The Bar Council and CLA highlighted several troubling aspects of the current process, including:

The continued suspension of the Chief Justice despite her pending legal challenge to the grounds of incapacity or misbehaviour cited.

Failure to adhere to Article 146 of Ghana’s Constitution, which outlines the specific process for removing a Justice of the Superior Court.

Allowing petitioners to rely on witnesses rather than personally answering questions before the investigating body raises due process concerns.

Denial of proper recognition and respect to the Chief Justice’s legal representatives during hearings.

Prolonged delays in resolving the disciplinary proceedings undermine the principles of natural justice and constitutional governance.

In light of these issues, the Bar Council and CLA urged the President of Ghana and the Executive branch to:

Reinstate Justice Torkornoo immediately, reaffirming Ghana’s longstanding commitment to the rule of law.

Guarantee due process, including full and transparent access for her legal representatives in ongoing proceedings.

Establish clear procedural rules and timelines to ensure the disciplinary process is completed without undue delay.

The organisations, representing thousands of lawyers across the Commonwealth, emphasised that they will continue to monitor the situation closely.

They warned that upholding judicial independence in Ghana is critical to safeguarding democracy and the rule of law.