Response to Joint Statement on Suspension of Chief Justice of Ghana
Dear Madam and Sir,
We have taken note of the joint statement issued on 14 August 2025 by the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) regarding the suspension of Her Ladyship Justice Gertrude A.E.S. Torkornoo, Chief Justice of the Republic of Ghana.
Mourning and Respect
First, we are presently in mourning following the tragic loss of distinguished public servants. We would have expected our partners in the Commonwealth to extend sympathy and respect for this period of national grief before commenting on ongoing constitutional processes.
Judicial Independence and Sovereignty
Second, while we value our membership in the Commonwealth and the principles enshrined in the Commonwealth Charter and Latimer House Principles, we must reiterate that we are no longer a colony and are fully capable of safeguarding judicial independence, upholding due process, and resolving constitutional matters in accordance with our own laws and institutions.
Constitutional Framework
Third, Article 146 of our Constitution provides the legal framework for the removal or suspension of Justices of the Superior Courts. This process, developed, adopted, and applied by the sovereign will of the Ghanaian people, contains the necessary safeguards to ensure fairness, transparency, and impartiality. Any concerns about its application are addressed through our independent courts, including the ECOWAS Court of Justice, before which the Chief Justice herself has initiated proceedings.
Respect for Sovereignty
Fourth, while we welcome constructive dialogue from Commonwealth partners, we urge that such engagement be conducted in a manner that respects our constitutional independence, the separation of powers, and the integrity of our domestic legal processes. Public calls for executive intervention in ongoing constitutional procedures risk creating the very perception of political interference that the BCEW and CLA seek to avoid.
We remain committed to:
- Upholding the rule of law and judicial independence;
- Ensuring due process for all office holders, including the Chief Justice; and
- Maintaining full compliance with our constitutional and international obligations.
We also remind our friends in the Commonwealth that mutual respect is the foundation of enduring partnership. Advice is best offered with humility and received with grace, not as a lecture to a sovereign equal.
As our elders remind us, “sɛ wo de kokromoti kɔ ayie a, yɛde asotrɔ na ɛgya wo kwan.”
Yours faithfully,
GOGO
