Saturday, 16 August

You're commenting without full knowledge of Ghana’s constitutional provisions-A-G to international legal bodies

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Attorney-General and suspended Chief Justice

Ghana’s Attorney-General and Ministry of Justice, Dr Dominic Ayine, has responded to concerns raised by the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) regarding the suspension of Chief Justice Gertrude A.E.S. Torkornoo, insisting that the action is constitutionally valid and procedurally sound.

In a statement issued on Friday, the Ministry described the joint intervention by the two legal bodies as “premature and uninformed,” accusing them of commenting without full knowledge of Ghana’s constitutional provisions and the facts surrounding the case.

According to the Attorney-General’s office, the suspension of Justice Torkornoo was carried out strictly in line with Article 146 of the 1992 Constitution.

The process was triggered by three citizen petitions alleging “misbehaviour and incompetence.”

The Ministry outlined the due process followed:

Referral to the Council of State — The President, in line with Article 146(6), submitted the petitions to the Council of State.

Assessment of Prima Facie Evidence — The Council, chaired by a former Speaker of Parliament, reviewed the allegations.

Suspension Pending Inquiry — Following the Council’s advice, the Chief Justice was suspended to allow for an independent inquiry.

To bolster its position, the Ministry highlighted the composition of the Council of State, which includes senior statesmen such as:

A retired Chief Justice

A retired Inspector-General of Police

A retired Chief of Defence Staff

Former Attorneys-General

Retired Supreme Court Justices

This, the Ministry argued, ensures the process is impartial, credible, and grounded in constitutional safeguards.

While acknowledging international concern for judicial independence, the Attorney-General maintained that Ghana remains committed to upholding the rule of law.

It stressed that the suspension is not a political manoeuvre but a constitutional safeguard to preserve the integrity of the judiciary while investigations are ongoing.

 

The response comes a day after the BCEW and CLA jointly urged Ghana’s government to reinstate Justice Torkornoo, warning that her suspension risked undermining judicial independence and due process.

Source: classfmonline.com/Cecil Mensah