Dr Dominic Ayine, the Attorney General and Minister for Justice, has told the members of the Ghana Bar Association (GBA) to defend the rule of law and not align themselves with politics.
The Attorney General noted that the Ghana Bar Association (GBA) has been selective in speaking out on certain matters but silent on other matters.
Speaking at the Ghana Bar Association’s Annual Conference in Wa on Monday, September 15, in reference to the removal of the former Chief Justice Gertrude Torkornoo, Dr Ayine stated, “In 2015, an Article 146 petition was received by the Chief Justice in relation to the removal of CHRAJ boss, Madam Lauretta Lamptey. The bar failed to speak out in the process. In the run-up to the 2016 elections, the then-opposition NPP engaged the EC in court battles over the voter identification system. This gave rise to the Abu Ramadan line of cases.
“Immediately upon assuming office in 2017, an Article 146 petition was filed for the removal of the EC chairperson, Charlotte Osei, and her deputies from office. The Bar saw no basis to speak up about the compliance with due process”.
He added, “But in recent times, the bar found its voice when a petition based on the same constitutionally defined procedures was brought in respect of the removal of the office of the former chief justice, Gertrude Torkornoo. The honest question we have to ask ourselves is what changed?
“The three petitions mentioned touch on three constitutional bodies critical to the sustenance of our democracy. Their independence has been guaranteed by the Constitution. The three occupants were all women of significant repute and members of our noble profession,” he said.
According to the Attorney General, all three committees established under Article 146 of the Constitution followed due process, but the GBA only found its voice in relation to the third petition.
Dr Ayine argued, “The three committees established pursuant to Article 146 complied with the constitutional procedure to the letter, and yet the Bar found its voice only in relation to the third petition. Consciously, the voice of the Bar amplified the voice of the opposition”.
“The lawyer in politics must be a voice of reason, moderation, and constitutionalism. The Bar must speak up, not to please government or opposition parties, but to defend the rule of law, the independence of the judiciary, and the rights of the citizens,” he stated.
He further 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.