Reinstate Chief Justice of Ghana, says Bar Council and Commonwealth Lawyers Association

The Bar Council of England and Wales and the Commonwealth Lawyers Association (CLA) have called on the President and Government of Ghana to immediately reinstate Justice Gertrude A.E.S. Torkornoo.

Justice Torkornoo was suspended on 22 April 2025. She has initiated legal proceedings against Ghana before the Economic Community of West African States Community Court in Nigeria on the legality of her suspension and its implications for judicial independence.  

Barbara Mills KC, Chair of the Bar Council of England and Wales, said: “We are seriously concerned about the suspension of Justice Gertrude A.E.S. Torkornoo and call for her immediate reinstatement. The Chief Justice is currently being investigated as part of a disciplinary process, and she should be provided with clear and transparent rules of procedure. Justice Torkornoo should also be informed of the specific timescale of the investigating committee, and its expected conclusion must also be communicated to the Chief Justice and the Ghana Bar Association.

“Any measure or action taken by the Government which is seen as impacting on the independence of the judiciary is a matter of serious concern. We remind the government of their responsibilities set out in both the Constitution of the Republic of Ghana and the Commonwealth Charter and Principles. We hope these issues will be resolved by the government swiftly.”

The Bar Council and CLA’s concerns are also shared by the Ghana Bar Association and the Commonwealth Magistrates’ and Judges’ Association.

The Bar Council and CLA have published a fuller joint statement.

Justice Torkornoo was first appointed as the Chief Justice of Ghana on 12 June 2023. 

The Constitution of the Republic of Ghana (article 146) states: "A Justice of the Superior Court or a Chair of a Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind."

Ghana is a member of the Commonwealth; its Charter is clear on this issue: "we support an independent, impartial, honest and competent judiciary and recognise that an independent, effective and competent legal system is integral to upholding the rule of law, engendering public confidence and dispensing justice".

The Commonwealth (Latimer House) Principles on the accountability of and the relationship between the three branches of Government (2003) is also clear and forms part of the Commonwealth fundamental values. The principles refer to the disciplinary proceedings which might lead to the removal of a judicial officer, and state that the proceedings should include appropriate safeguards such as the right to be fully informed of the charges, to be represented at hearings, to make a full defence and to be judged by an independent and impartial tribunal.