Attorney-General Defends Chief Justice Suspension Process, Dismisses Claims of Delay and Overreach

The Attorney-General and Minister for Justice, Hon. Dr. Dominic Akuritinga Ayine, has reiterated the government’s commitment to upholding judicial independence, the separation of powers, and the rule of law, following public debate over the suspension of Chief Justice Gertrude Torkornoo.

In a detailed statement, Dr. Ayine explained that the suspension stemmed from three separate petitions, each of which the Council of State determined had established a prima facie case against the Chief Justice. Acting in accordance with Article 146 of the 1992 Constitution, the President, after consultation with the Council of State, constituted a committee to investigate the matter.

The committee—comprising two Supreme Court Justices and three non-lawyer members of the Council of State or Parliament—was mandated to conduct the inquiry independently. Dr. Ayine stressed that the process ensures procedural fairness, with the President bound by the committee’s findings and not participating in its deliberations.

Addressing concerns about representation and fairness, the Attorney-General stated that the Chief Justice is entitled to legal counsel of her choice and has been continuously represented throughout the proceedings. He dismissed allegations of delay, noting that hearings began on May 15, 2025, and any claims of undue delay were “grossly misplaced.”

Dr. Ayine also rejected suggestions of constitutional breaches or executive overreach, pointing out that multiple attempts by the suspended Chief Justice to halt proceedings through the Supreme Court and High Court were dismissed as lacking merit. He highlighted that similar legal arguments are currently being pursued by Justice Torkornoo at the ECOWAS Court, with the government defending Ghana’s position.

Citing the Latimer House Principles, he noted that international best practice allows for the suspension of a Chief Justice once a prima facie case of misconduct or misbehaviour has been established. The suspension, he clarified, will remain in force until the inquiry committee completes its work and submits its report to the President.

The statement reaffirms that the government’s actions are grounded in law and guided by a constitutional process designed to protect both judicial independence and public trust.

SIGNED:
Hon. Dr. Dominic Akuritinga Ayine (M.P.)
Attorney-General & Minister for Justice