The Ghana Bar Association (GBA) has issued a firm demand for the immediate reversal of Chief Justice Gertrude Torkornoo’s suspension, calling the move unconstitutional and without legal foundation under the 1992 Constitution.
In a statement dated April 26, the GBA argued that the President’s action, purportedly taken under Article 146(10), lacks proper legal grounding.
The Association emphasised that no Constitutional Instrument, Statutory Instrument, or regulation was published to guide the exercise of such presidential discretion, an omission they say directly contravenes Article 296 of the Constitution, which mandates fairness, consistency, and transparency in the use of discretionary powers.
The GBA warned that failure to adhere to these constitutional requirements sets a dangerous precedent and undermines the rule of law in Ghana.
“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 statement read.
In addition to the revocation demand, the GBA urged the government to immediately enact clear and comprehensive regulations to guide all processes under Article 146, which governs the impeachment or removal of Superior Court justices.
The absence of such regulatory frameworks, the Association argues, undermines transparency, fairness, and accountability in proceedings involving members of the judiciary.
The GBA also called on the President to release the full decision establishing a prima facie case against Chief Justice Torkornoo, stating that such a move would be in line with established precedent and essential for ensuring procedural fairness and transparency.
The Association also strongly condemned what it described as politically motivated and prejudicial commentary surrounding the suspension, warning that such rhetoric threatens to erode public confidence in the judiciary.
“The Association remains committed to upholding the integrity of the judicial process and will pursue all appropriate legal avenues to shield the Judiciary from unwarranted interference or unjust attacks,” the statement read.
The suspension has ignited significant debate within Ghana’s legal and political communities, as stakeholders await further developments with growing concern.
Below is the full statement
