The Commonwealth Lawyers Association (CLA) has served notice that it is keenly watching the actions of President John Dramani Mahama on Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
CLA expressed deep concerns following the suspension of Chief Justice Torkornoo by President Mahama on 22 April 2025, describing the action as one that raises fundamental questions about judicial independence and the rule of law in Ghana.
In a statement issued on May 7, 2025, the CLA urged President Mahama to adhere strictly to constitutional provisions and international standards that govern the removal or suspension of judges.
The Ghana Bar Association (GBA) had earlier called for the “immediate revocation” of the suspension, describing it as unconstitutional in a resolution published on April 29.
The association cited Article 146 of Ghana’s Constitution, which limits the removal of judges to cases of stated misbehaviour, incompetence, or infirmity.
In its statement, the CLA acknowledged the GBA’s resolution, which calls for the immediate revocation of the suspension on the assertion that it is unconstitutional.
The CLA reiterated its unwavering dedication to the principle of the rule of law and the crucial concept of judicial independence throughout the Commonwealth nations.
It echoed these concerns, noting that while judicial accountability is important, the bar for suspending or removing a judge must be high to prevent political interference.
“Suspension of a judge raises important issues for the rule of law,” the CLA said, referencing the Commonwealth Latimer House Principles.
“Judges should be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly render them unfit to discharge their duties.”
The CLA further highlighted the risk of abuse, noting that suspension powers could be used to intimidate or punish judges for decisions that displease the executive or powerful individuals.
These established frameworks underscore the necessity of secure tenure for judges, asserting that suspension or removal should only occur through equitable and open procedures in cases of significant misconduct or incapacity.
Furthermore, the CLA drew attention to the Privy Council’s judgment in the matter of “Re Chief Justice of Gibraltar.”
This decision established that the removal of a judge is only warranted when their conduct is of such gravity that it erodes public trust in the judicial system.
The CLA also cited the Compendium on Judicial Tenure and Removal, a publication by the Bingham Centre, as an essential guide to exemplary practices.
This compendium emphasised the indispensable nature of procedural fairness, due process, and proportionality when considering such actions.
Recognising that temporary suspension might be a suitable measure in instances involving credible and grave allegations, the CLA nonetheless issued a warning against the potential for the abuse of suspension powers.
The association stressed that such misuse could have detrimental effects, potentially weakening judicial independence and diminishing the public’s faith in the integrity of the justice system.
It urged all involved parties in Ghana to ensure that any further proceedings related to this matter are carried out in strict adherence to both constitutional and international legal norms.
The association emphasised the importance of maintaining transparency, upholding fairness, and demonstrating respect for the integrity of the judiciary throughout this process.
The CLA also affirmed its commitment to ongoing monitoring of these developments, working in conjunction with the Ghana Bar Association
