The Commonwealth Lawyers Association (CLA) has condemned the suspension of Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo, by President John Dramani Mahama on 22 April 2025.
In a sharply worded statement, the CLA expressed deep concern over what it described as a breach of constitutional and international norms governing judicial independence.
The CLA backed a resolution from the Ghana Bar Association (GBA), which called for the immediate reversal of the suspension.
The GBA insists that the move contravenes Section 146 of Ghana’s 1992 Constitution, which outlines strict criteria for the removal of superior court judges—namely, proven misbehaviour, incompetence, or demonstrated incapacity. The GBA asserts that none of these conditions were met in this case.
“The rule of law must remain sacrosanct. Any interference with the judiciary, particularly at the highest level, must follow transparent, fair, and constitutionally sound procedures.”
The association invoked several international legal frameworks, including the Commonwealth Charter, the Latimer House Principles, and the UN Basic Principles on the Independence of the Judiciary, all of which emphasize the importance of secure tenure and due process for judges.
The CLA further cited the Privy Council’s decision in Re Chief Justice of Gibraltar, which established that the removal of a judge is only justified when conduct is so grave it undermines public confidence in the judiciary.
It also pointed to the Bingham Centre’s Compendium on Judicial Tenure and Removal as a vital guide for best practices, stressing the importance of procedural fairness and proportionality.
While the CLA acknowledged that a temporary suspension might be warranted in cases involving credible and serious allegations, it warned against potential misuse.
“Improper application of suspension powers not only jeopardizes the judiciary’s independence but also erodes public faith in the justice system,” the statement read.
In its concluding remarks, the CLA urged all parties involved to adhere strictly to both Ghana’s constitutional provisions and international legal standards.
It called for transparency, fairness, and respect for the integrity of the judiciary as further developments unfold.
The CLA also reaffirmed its commitment to monitoring the situation in partnership with the Ghana Bar Association.
