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Dear Bar Council of England and Wales, and the Commonwealth Lawyers Association

Professor Stephen Kwaku AsarebyProfessor Stephen Kwaku Asare
August 21, 2025
in Opinion, Politics
Reading Time: 2 mins read
Her Ladyship Justice Gertrude A.E.S. Torkornoo, Chief Justice of the Republic of Ghana

Her Ladyship Justice Gertrude A.E.S. Torkornoo, Chief Justice of the Republic of Ghana

Dear Madam and Sir,

We have taken note of the joint statement issued on 14 August 2025 by the Bar Council of England and Wales (BCEW) and the Commonwealth Lawyers Association (CLA) regarding the suspension of Her Ladyship Justice Gertrude A.E.S. Torkornoo, Chief Justice of the Republic of Ghana.

Get more exclusive breaking news updates on our WhatsApp channel .

First, we are presently in mourning following the tragic loss of distinguished public servants. We would have expected our partners in the Commonwealth to extend sympathy and respect for this period of national grief before commenting on ongoing constitutional processes.

Second, while we value our membership in the Commonwealth and the principles enshrined in the Commonwealth Charter and Latimer House Principles, we must reiterate that we are no longer a colony and are fully capable of safeguarding judicial independence, upholding due process, and resolving constitutional matters in accordance with our own laws and institutions.

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Third, Article 146 of our Constitution provides the legal framework for the removal or suspension of Justices of the Superior Courts. This process, developed, adopted, and applied by the sovereign will of the Ghanaian people, contains the necessary safeguards to ensure fairness, transparency, and impartiality. Any concerns about its application are addressed through our independent courts, including the ECOWAS Court of Justice, before which the Chief Justice herself has initiated proceedings.

Fourth, while we welcome constructive dialogue from Commonwealth partners, we urge that such engagement be conducted in a manner that respects our constitutional independence, the separation of powers, and the integrity of our domestic legal processes. Public calls for executive intervention in ongoing constitutional procedures risk creating the very perception of political interference that the BCEW and CLA seek to avoid.

We remain committed to:

  1. Upholding the rule of law and judicial independence;
  2. Ensuring due process for all office holders, including the Chief Justice; and
  3. Maintaining full compliance with our constitutional and international obligations.

We also remind our friends in the Commonwealth that mutual respect is the foundation of enduring partnership. Advice is best offered with humility and received with grace, not as a lecture to a sovereign equal.

As our elders remind us, “sɛ wo de kokromoti kɔ ayie a, yɛde asotrɔ na ɛgya wo kwan.”

Yours faithfully,
GOGO

Tags: Chief Justice

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# Minority questions government's explanation on frozen contingency fund for flood response The Ranking Member on Parliament's Works and Housing Committee, Martin Adjei Mensah Korsah, has questioned the Finance Minister's explanation that a court order freezing Ghana's constitutional contingency fund prevented government from accessing emergency resources to respond to recent flooding in Accra. According to the Suame Member of Parliament, the explanation is surprising and appears inconsistent with earlier assurances given by government regarding its emergency response to the floods. His comments follow the presentation of the 2026 Mid-Year Budget Review by the Minister for Finance, Dr Cassiel Ato Forson, who disclosed that government's efforts to access the constitutional contingency fund had been frustrated because the account had been garnisheed under a court order. The Finance Minister described the contingency fund as Ghana's only constitutionally established emergency fund and expressed concern that its unavailability had limited government's ability to respond swiftly to disasters. Speaking on JoyNews' *The Pulse*, Mr Mensah Korsah questioned how Cabinet could have approved emergency flood interventions without being aware that the contingency fund was legally inaccessible. "That's quite a big surprise. The aftermath of the rains and the subsequent overwhelming flooding that we saw, every step that the government took, we in Parliament were made to believe, was as a result of a government emergency response born out of Cabinet deliberations," he said. He argued that if Cabinet had authorised the interventions, it was difficult to understand how ministers, particularly the Attorney-General as government's chief legal adviser, were unaware of the court order affecting the fund. "If the Cabinet of Ghana could convene and brainstorm on measures to mitigate subsequent floods and decided to assess money from the contingency fund and it never occurred to Cabinet, of which the chief legal advisor to the President, Attorney-General, is a member, and they did not know that the contingency fund had a garnishee order, then it's quite strange. Absolutely strange," he stated. Mr Mensah Korsah said the development raises concerns about coordination among government ministries and agencies responsible for disaster management. "I don't even know then how these agencies or departments or ministries of government are coordinating to work," he said, adding that the explanation suggested a lack of synergy within government. He further maintained that the Attorney-General's presence in Cabinet should have ensured ministers were fully informed about the legal status of the contingency fund before announcing emergency measures. "There is no way the Attorney-General who sits in Cabinet, chief legal advisor, wouldn't have known the state of this contingency fund. And for you to have come to the Parliament of Ghana, spoken to the whole country, outlined these measures only for us to be told that you went and you couldn't access the money. How are you working as a government?" he asked. ### GARID project The Ranking Member also rejected claims by the Finance Minister that the previous Akufo-Addo administration had mismanaged the Greater Accra Resilient and Integrated Development (GARID) Project. He described the allegations as "complete falsehoods" and accused government officials of presenting conflicting accounts in public and before Parliament. According to him, World Bank implementation reports issued in September 2024 and May 2025 did not identify any misuse of project funds by the previous administration. "At nowhere does the World Bank find any wrongdoing or misuse of money. No, you don't find it anywhere," he said. Instead, he argued that the reports pointed to delays by the Ministry of Finance in releasing funds needed for implementation of the flood mitigation project. "One would have thought that the Finance Ministry would eat a humble pie and get to fix this problem. Rather, when the World Bank report indicts them for sitting on money and not releasing funds for GARID to be completed, they rather turn their backs on propaganda," he stated. Mr Mensah Korsah also disclosed that during a recent meeting of Parliament's Works and Housing Committee involving officials from the Ministries of Finance, Works and Housing, and Sanitation, no allegations of financial impropriety concerning the GARID project were raised. He explained that discussions focused on consultant payments under the World Bank-funded programme, noting that project components cannot be altered without the lender's approval because of the strict implementation framework governing World Bank-financed projects. The debate over government's flood response has intensified following the recent floods in parts of Accra, with renewed calls for improved drainage infrastructure, timely release of project funds and stronger coordination among institutions responsible for disaster prevention and emergency response.

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