Ghana breaching Commonwealth values with CJ Torkonoo suspension – CMJA, CLA, CLEA

Three Commonwealth legal bodies have cautioned that the move and the process surrounding the recent suspension of Ghana’s Chief Justice, Her Ladyship Justice Araba Esaaba Gertrude Sackey Torkornoo, risk undermining judicial independence and public confidence in the country’s legal system.

A joint statement released on Thursday 5 June 2025, by the Commonwealth Magistrates’ and Judges’ Association (CMJA), the Commonwealth Lawyers Association (CLA), and the Commonwealth Legal Education Association (CLEA) called into question the procedure being followed in the disciplinary inquiry, describing it as inconsistent with established principles of due process and the Commonwealth’s core democratic values.

“The existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the rule of law. Any measure on the part of the Executive or Legislature which is capable of being seen as eroding the independence and impartiality of the judiciary is a matter of serious concern,” the associations emphasised.

Commonwealth Charter

The legal groups cited the Commonwealth Charter, which explicitly supports “an independent, impartial, honest and competent judiciary,” and emphasized that Ghana, as a member of the Commonwealth, is expected to uphold these principles.

Particularly troubling, according to the statement, is the decision by the investigative committee handling the matter to allow petitioners to present their case through witnesses rather than appearing in person.

This, the associations argue, deviates from the requirements of due process as set out in the Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (2003).

The principles state that disciplinary proceedings must include appropriate safeguards such as the right to be fully informed of the charges, the right to legal representation, the opportunity to present a full defence, and adjudication by an impartial and independent tribunal.

Criticism

The legal bodies also criticised the reported treatment of Chief Justice Torkornoo’s legal representative during committee proceedings, as well as the decision to hold the hearings outside judicial facilities — a departure from precedent that was raised in the Chief Justice’s own affidavit.

Moreover, they expressed concern over the committee’s once-a-week meeting schedule, stressing that disciplinary actions involving judicial officers must be resolved in a timely manner to avoid reputational harm and legal uncertainty.

“Judges should be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly renders them unfit to discharge their duties,” the statement added, echoing the provisions of Article 146 of Ghana’s 1992 Constitution.

This clause outlines that a Justice of the Superior Court or a Chairman of a Regional Tribunal may only be removed for stated misbehaviour, incompetence, or an inability to perform their duties due to infirmity.

The Commonwealth Magistrates’ and Judges’ Association

The Commonwealth Magistrates’ and Judges’ Association is a not for profit organisation, registered in the UK, whose aims are to promote judicial independence, advance education in the law, the administration of justice the treatment of offenders and the prevention of crime in the Commonwealth.

It brings together judicial officers of all ranks from all parts of Commonwealth and provides a forum for the promotion of the highest judicial standards at all levels.

Commonwealth Legal Education Association (CLEA)

The Commonwealth Legal Education Association is an international non-profit organisation which fosters and promotes high standards of legal education in the Commonwealth. Founded in 1971, it is a Commonwealth-wide body with regional Chapters and Committees in South Asia, Southern Africa, West Africa, the Caribbean and the UK.

Commonwealth Lawyers Association (CLA)

The Commonwealth Lawyers Association is an international non-profit organisation which exists to promote and maintain the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession, with the highest standards of ethics and integrity, serves the people of the Commonwealth.

Background

Chief Justice Gertrude Araba Esaaba Sackey Torkornoo was suspended from office by the President of the Republic, John Dramani Mahama, on 22 April 2025.

The president’s actions, which are said to be grounded in Article 146 (10) of the 1992 constitution, were inspired primarily by three petitions that the president received seeking the removal of the Chief Justice from office.

A group calling itself Shining Stars of Ghana submitted the first petition to the president on 14 February 2025. Kingsley Agyei, who describes himself as the chairman and convenor of the Shining Stars of Ghana, signed the petition.

The second petition, presented to the president by Daniel Ofori, is dated Monday 17 March 2025. The petitioner essentially states 21 allegations of misbehaviour and four allegations of incompetence, all of which relate to the Chief Justice in the discharge of her administrative roles and functions as the head of the judiciary.

Assistant Commissioner of Police (ACP) Ayamga Yakubu Akolgo (Esq), a senior police officer in the Ghana Police Service stationed at the national Police Headquarters in Accra, is the third and final petitioner to submit a petition to the president for the removal of the Chief Justice from office. Akolgo’s submission was also made on 14 February 2025.