The Ghana Bar Association (GBA) Effua Ghartey has re-echoed the association's calls to the government to reconsider the suspension of the embattled Chief Justice, Getrude Torkornoo.

Her comments come after Justice Torkornoo was suspended on Tuesday, April 22, by President John Dramani Mahama following the establishment of a prima facie case based on separate petitions calling for her removal.

The action was in accordance with Article 146(6) of Ghana’s 1992 Constitution and comes after consultations with the Council of State.

Speaking during the 43rd commemoration of Martyrs’ Day, which was held on Monday, June 30, at the Accra Ridge Church in Ghana, President of the GBA, Effua Ghartey, urged a review of the removal of Madam Torkonoo.

She cited the removal process as one that has the potential of setting a bad precedent for the country's judiciary.

“In the spirit of reconciliation, all the various calls made for a reconsideration of the suspension of the Chief Justice in the circumstances, as it sets a poor precedent, will not go unheeded," she noted.

Heeding this petition, she said, would help protect the judiciary's integrity, which would ensure peace and tranquility.

"We yearn for peace and strive for peace,” she said.

Her petition for the review of the suspended Chief Justice is among the many calls by the GBA.

A broader membership of the GBA has also publicly opposed the suspension of Chief Justice Gertrude Torkornoo, particularly slamming the prima facie determination that led to the suspension and calling for a constitutional instrument to guide future judicial removal processes.

At the GBA’s Mid-Year Conference held on April 27, members passed a resolution calling on President John Mahama to revoke the suspension.

They also expressed their discontent with the tone and content of the GBA’s earlier April 24 statement, insisting that its tone didn't do justice in defending the Chief Justice and supporting her recall.

Meanwhile, Martyrs’ Day is an event that honours the memory of three High Court judges, Justices Frederick Opoku Sarkodie, Cecilia Koranteng-Addow, and Kwadwo Agyei Agyepong, who were abducted and murdered on June 30, 1982.

Background

On May 21, Justice Torkornoo filed an injunction application, which, among other things, questioned the constitutionality of the committee’s formation and the legality of her suspension announced in April.

The five-member committee includes Justice Gabriel Scott Pwamang—Supreme Court Justice (Chairman), Justice Samuel Kwame Adibu-Asiedu—Supreme Court Justice, Daniel Yaw Domelevo—Former Auditor-General Major Flora Bazwaanura Dalugo, Ghana Armed Forces Representative Prof. James Sefah Dzisah, and Associate Professor at the University of Ghana.Justice Torkornoo requested the apex court to bar Gabriel Scott Pwamang and Samuel Adib-Asiedu from sitting on the case, citing a conflict of interest.

She again argued that Justice Samuel Kwame Adibu-Asiedu also served as a Supreme Court panel member who presided over a related injunction application.

The suspended Chief Justice also raised questions about the eligibility of the three remaining committee members, Daniel Yao Domelovo, Major Flora Bazwaanura Dalugo, and Prof. James Sefah Dzisah, under Articles 146 (1), (2), (4), 23, and 296 of the Constitution and sections of the Oaths Act, 1972.Article 23—This article guarantees administrative justice, stating that all administrative bodies and officials must act fairly and reasonably and comply with the law.

Article 296—This provision regulates the exercise of discretionary power by public officials, requiring them to act fairly, transparently, and without bias. It prevents arbitrary decision-making and ensures that discretion is exercised within legal limits.

Oaths Act, 1972—This law governs the oaths of office taken by public officials, ensuring they uphold their duties with integrity.

The Attorney-General, in response to Madam Torkonoo’s interlocutory injunction, also filed an affidavit on May 26, stating that there is no basis in law for the two Supreme Court judges to be restrained from participating in the petition probe.

The Supreme Court on May 28 dismissed a supplementary affidavit filed on May 26, where the suspended Chief Justice made allegations of rights abuse by the committee.

Justice Torkonoo alleged she was subjected to mental torture at the hearing. According to her, upon her arrival at the venue set for her hearing, she was made to go through a body search, her phones and laptops were collected, and her spouse and children were denied access to the room.

According to the apex court, the events referenced happened before the committee investigated the petitions for her removal — proceedings that, by law, are expected to be held in camera.

So far, the Supreme Court has dismissed four suits filed against the petitions seeking the removal of the Chief Justice.

Justice Torkornoo was appointed as Ghana’s 15th Chief Justice in June 2023, succeeding Justice Kwasi Anin-Yeboah. Her appointment marked her as the third woman to serve in the role in Ghana’s history.

Subsequently, Justice Torkonoo, on Wednesday, June 26, held a public address where she expressed concerns that the move and proceedings for her removal were politically motivated, lacked transparency, and violated due process.

Government spokesperson Felix Kwakye Ofosu, in response to the embattled and suspended Chief Justice Gertrude Torkornoo’s public address, labelled it as “most regrettable.”

He said in light of this, "President Mahama is committed to upholding the rule of law."

Former NPP presidential aspirant Kwabena Agyepong has added his voice to calls by the Ghana Bar Association to reconsider the suspension of Chief Justice Gertrude Torkornoo, noting that the infractions mentioned were 'minor' and shouldn't have been considered in the first place.