Attorney General Defends Suspension of Chief Justice Torkornoo
Attorney General Dr. Dominic Ayine has reaffirmed that the suspension of Chief Justice Gertrude Torkornoo will remain in force until the five-member inquiry committee concludes its work and submits its report to President John Dramani Mahama.
Dr. Ayine stressed that the action strictly follows the provisions of the 1992 Constitution, dismissing claims that the suspension undermines judicial independence or breaches constitutional principles.
His clarification comes after the Bar Council of England and Wales and the Commonwealth Lawyers Association, in a joint statement on August 14, called for the immediate reinstatement of the Chief Justice, citing Ghana’s long-standing tradition of upholding the rule of law.
Dr. Ayine countered these calls, insisting that neither the Constitution nor the Latimer House Principles bar the suspension of a Chief Justice once a prima facie case has been established.
“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, emphasizing that the government remains committed to the principles of separation of powers and the independence of the judiciary.
Background
On April 22, 2025, President Mahama suspended Chief Justice Torkornoo after a prima facie case was established on three petitions alleging misconduct and incompetence.
Under Article 146(6) of the 1992 Constitution, the president may suspend a Supreme Court justice if such a case is established, after consultation with the Council of State. Following this, a five-member committee was set up, chaired by Justice Gabriel Scott Pwamang, with members including Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo, and Professor James Sefah-Dzisah.
Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed as Acting Chief Justice during the period of investigation.
The suspension has sparked heated debate in Ghana’s legal and political circles. The Ghana Bar Association (GBA) described the move as unconstitutional, arguing that the president failed to publish regulations justifying his exercise of discretion under Article 296.
Similarly, the Centre for Democratic Movement (CDM) rejected the suspension, branding it a breach of judicial independence and warning of political interference in the inquiry process.
Chief Justice Torkornoo has also publicly defended herself, calling the process “arbitrary,” “cruel,” and unconstitutional. She has vowed not to resign, stating that doing so would amount to surrendering to a flawed process and losing her right to defend herself.
The opposition New Patriotic Party (NPP) has also condemned the suspension, describing it as unconstitutional and a threat to Ghana’s democratic integrity.
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