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“Desist from inviting foreign interference in our internal constitutional processes” – A-G to GBA

News“Desist from inviting foreign interference in our internal constitutional processes” – A-G to GBA

Dr Dominic Ayine, the Attorney General, has warned professional and legal bodies against inviting external influence into Ghana’s constitutional and judicial matters.

The Attorney General highlighted that international collaborations are needed to strengthen professional standards, but must not interfere with Ghana’s constitutional politics.

Speaking at the Ghana Bar Association’s Annual Conference in Wa on Monday, September 15, Dr Ayine stated, “We should desist from the temptation of inviting foreign interference in our internal constitutional processes. As a professional body, there is absolutely nothing wrong with forming relationships with like-minded foreign associations. Such relationships are necessary for cross-fertilization of ideas on professional matters such as standards”.

“That is where it should end. Interference in constitutional politics risks violating the principle that sovereignty resides in the people of Ghana, in whose name and for whose benefits the powers of government are to be exercised,” the Attorney General stated.

His comment follows the UK Bar Council, Commonwealth Lawyers, who ordered President John Dramani Mahama to immediately and without delay, reinstate the suspended Chief Justice Gertrude Torkornoo before his removal from office.

On Thursday, August 14, 2025, in a joint statement, the Bar Council of England and Wales and the Commonwealth Lawyers Association demanded the reinstatement of the Chief Justice.

Parts of their statement noted, “Immediately and without delay, reinstate the Chief Justice of Ghana to her Office, consistent with both the hitherto strong attachment to the rule of law demonstrated by Ghana and also, the constitutional duties incumbent upon them”.

They stated that the rules of practice must “include the time frame within which the investigating committee must conclude the disciplinary process against the Chief Justice, without any further delay and communicate that decision of that process to all concerned in upholding the rule of law in Ghana.”

According to the Bar Council of England and Wales and the Commonwealth Lawyers Association, the investigating committee permitting petitioners to use witnesses instead of attending themselves to answer questions on their petitions does not follow the rules and norms of due process.

They argued that the decision by the investigating committee to “deny the Chief Justice’s legal representative the respect required when attending the hearings of the investigating committee is contrary to the Latimer House Principles, which underline the duty to ensure fair and just process.”

Meanwhile, President John Mahama sacked the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect after he received a first report from the five-member committee he constituted to investigate three petitions brought against the Chief Justice.

Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.

A statement from the presidency stated, “President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect”.

“This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.

“Under Article 146(9), the President is required to act in accordance with the Committee’s recommendation,” the statement concluded.

A leaked document on social media concluded that Justice Torkornoo had engaged in conduct amounting to “stated misbehaviour” under Article 146(1).

The Key finding read, “Unlawful expenditure of public funds: The committee held that the Chief Justice caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips in 2023, including per diem allowances. This, the report stated, was an “avoidable and reckless dissipation of public funds.”

Abuse of discretionary power: The committee found that her handling of the transfer of one Mr. Baiden breached Article 296(a) and (b) of the Constitution, describing the act as misbehaviour.

Interference in judicial appointments: The report also noted that she sought to bypass the established process for nominating Justices of the Supreme Court, contrary to precedent set in the Ghana Bar Association case. The committee concluded this amounted to misbehaviour”.

The committee subsequently recommended her removal in accordance with Article 146(7). President Mahama, bound by Article 146(9), which makes the President’s action mandatory once such a recommendation is made, formally removed Justice Torkornoo by Warrant of Removal under the Presidential Seal.

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