The Attorney General, Dr. Dominic Ayine, has strongly rebuffed a joint statement from the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) criticising the suspension of Chief Justice Gertrude Torkornoo.
The Attorney General stated that the suspension is fully compliant with the Constitution of Ghana and will not be lifted until a judicial inquiry is completed.
In a comprehensive response issued today (August 15), Dr. Ayine accused the foreign legal bodies of making a statement without acquainting themselves with the relevant constitutional provisions and factual details of the matter.
He emphasised that the government’s actions were neither a constitutional breach nor an executive overreach.
The Attorney General outlined the process followed, as mandated by Article 146 of Ghana’s 1992 Constitution.
The procedure, which is designed to protect judicial independence, was triggered by three separate petitions from Ghanaian citizens alleging “stated misbehaviour and incompetence” on the part of the Chief Justice.
After receiving the petitions, the President sought advice from the Council of State, a body of eminent persons.
The Council of State reviewed the petitions and the Chief Justice’s response and concluded that a prima facie case had been established. Subsequently, an independent inquiry committee was constituted, chaired by a Supreme Court Justice.
Dr. Ayine highlighted that the Chief Justice and her associates have already sought to halt the proceedings through legal action, but their applications for injunctions and judicial review have been dismissed by both the Supreme Court and the High Court as “lacking in merit.”
The Attorney General also revealed that the Chief Justice has taken her case to the ECOWAS Court, which the Government of Ghana is currently defending.
He noted the irony that the joint statement from the BCEW and CLA echoed arguments that have already been rejected by Ghana’s courts.
Dr. Ayine affirmed that the suspension will remain in effect until the inquiry committee completes its work and submits its report.
He stressed that by the provisions of Article 146, the President is bound by the committee’s findings and cannot act unilaterally.
Below is the full response.
Source: myjoyonline
