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Supreme Court Dismisses Injunction Against Petition to Remove Chief Justice Torkornoo
Prior to the dismissal, the Supreme Court unanimously rejected an objection raised by Godfred Dame against Acting Chief Justice Paul Baffoe-Bonnie’s involvement in the case. Dame had argued that Justice Baffoe-Bonnie had a potential conflict of interest, as he could be directly affected by the outcome of the proceedings. However, the court, in agreement with Deputy Attorney-General Justice Srem Sai, ruled that the objection lacked merit and affirmed that due judicial process would be upheld.
The Supreme Court has dismissed an injunction application filed by Vincent Assafuah, Member of Parliament for Old Tafo, seeking to halt proceedings in a petition calling for the removal of Chief Justice Gertrude Sackey Torkornoo. The case was withdrawn by Assafuah’s lawyer, Godfred Dame, effectively ending the attempt to prevent President John Dramani Mahama from forwarding the petition to the Council of State for consideration.
Court Rejects Objection Against Acting Chief Justice
Prior to the dismissal, the Supreme Court unanimously rejected an objection raised by Godfred Dame against Acting Chief Justice Paul Baffoe-Bonnie’s involvement in the case. Dame had argued that Justice Baffoe-Bonnie had a potential conflict of interest, as he could be directly affected by the outcome of the proceedings. However, the court, in agreement with Deputy Attorney-General Justice Srem Sai, ruled that the objection lacked merit and affirmed that due judicial process would be upheld.
Background of the Case
The legal dispute arose after President Mahama forwarded three separate petitions seeking the removal of Chief Justice Torkornoo to the Council of State, in line with Article 146 of the 1992 Constitution. The petitions, submitted by various individuals, triggered a constitutional process requiring the President to consult the Council of State before any further action.
At an earlier hearing, the case was adjourned due to the absence of Justice Samuel Asiedu, reducing the panel from five to four justices. Godfred Dame had previously argued that the President should suspend consultations until the court ruled on the injunction application, claiming that legal proceedings should take precedence. However, Attorney General Dr. Dominic Ayine countered that no law prevents the President from fulfilling his constitutional duties during ongoing litigation.
With the injunction application now dismissed, the constitutional process for addressing the petitions against Chief Justice Torkornoo is expected to proceed. The Supreme Court’s decision reinforces the principle that constitutional obligations cannot be impeded by interim judicial orders. The case highlights the delicate balance between judicial oversight and executive constitutional mandates in Ghana’s legal framework.
Source: GhanaFeed.Com
