The Commonwealth Lawyers Association (CLA) has issued a statement expressing concern over the suspension of Chief Justice Her Ladyship Justice Gertrude A. E. S. Torkornoo, by President John Dramani Mahama.
In its statement issued Wednesday May 7, 2025, the CLA emphasized the need for strict adherence to constitutional and international legal standards in the removal or suspension of senior members of the judiciary. Referring to Article 146 of Ghana’s Constitution, the Association noted that judges of the Superior Court may only be removed from office for stated misbehavior, incompetence, or incapacity due to infirmity of body or mind.
The Association aligned itself with a recent resolution by the Ghana Bar Association (GBA), which described the suspension as unconstitutional and called for its immediate revocation. They also stressed that the grounds and procedures for removing judges must be transparent and grounded in law to maintain public confidence in the judiciary.
Quoting the Commonwealth Charter, the CLA reaffirmed its support for an independent, impartial, and competent judiciary and underscored that such independence is vital for upholding the rule of law.
Drawing on international legal standards, including the Latimer House Principles and the Privy Council’s ruling in the Re Chief Justice of Gibraltar case, the CLA highlighted that judicial suspension or removal must only occur in extreme cases where a judge’s conduct severely undermines their ability to perform their duties.
The association warned that judges should not be made scapegoats for systemic issues such as inadequate resources or administrative lapses. It emphasized the need for fairness, procedural safeguards, and the right to a full defense in any proceedings against a judge.
Additionally, the CLA cited the “Compendium and Analysis of Best Practice” on judicial appointments and removals, recommending it as a guide for Ghanaian authorities and stakeholders.
Also, they urged that any allegations against the Chief Justice be resolved expeditiously and fairly, without undue delay, and that the principles of justice and due process must guide all actions. It pledged to continue monitoring the situation closely in consultation with the GBA.
