The Bar Council of England and Wales and the Commonwealth Lawyers Association have expressed concern over the suspension of Ghana’s Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.
In a joint statement dated Thursday, August 14, they called for her immediate reinstatement, citing Ghana’s commitment to the rule of law and the principles of an independent judiciary.
The groups noted that the suspension appears to be in breach of Ghana’s constitutional duties and principles requiring judges to be suspended or removed only for stated misbehavior or incapacity.
They also raised concerns about the investigation process, including the use of witnesses instead of petitioners and the denial of due process to the Chief Justice’s legal representatives.
“The existence of an independent and impartial judiciary is one of the cardinal features and bedrock of any country governed by the rule of law,” the statement read.
The Bar Council and Commonwealth Lawyers Association urged President John Dramani Mahama to afford the Chief Justice due and fair process in the investigation and determination of the disciplinary matters brought against her.
“We call upon the President of Ghana and the Executive government of Ghana to immediately and without delay, reinstate the Chief Justice of Ghana to her Office,” the statement added.
In a related development, the Attorney-General has moved to block latest attempt by suspended Chief Justice Gertrude Torkornoo to stop one of the three petitions calling for her removal from office.
The Attorney General insists her claims are without merit. In documents filed at the High Court, State Attorney Reginald Nii Odoi asserted that “a body of persons, whether named or not named and, if named, by whichever name, needs not be incorporated or registered to exist at law.”
Meanwhile, the Chief Justice has filed a lawsuit at the ECOWAS Court of Justice, challenging the constitutionality of her suspension.
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