Supreme Court Rejects AG’s Bid To Remove Justice Pwamang, Others From Torkonoo Case As Defendants

The Supreme Court has dismissed a preliminary objection by the Attorney General (AG) seeking to exclude Justice Scott Pwamang, Justice Adibu-Asiedu, and other members of the investigative committee from a lawsuit filed by suspended Chief Justice Gertrude Torkonoo.

The suspended Chief Justice, along with her husband, is before the apex court seeking an injunction to halt the proceedings of the Justice Pwamang-led committee, which is probing her potential removal from office. The injunction is part of a broader suit in which Torkonoo is requesting constitutional interpretation.

Key Reliefs Sought by Torkonoo

In her application, the suspended Chief Justice is asking the court to:

1. Allow her to waive her right to a private (in-camera) hearing,

2. Declare the committee’s prima facie determination unconstitutional, and

3. Prohibit the committee members from continuing the proceedings.

Legal Arguments and Court’s Decision

Deputy Attorney General Dr. Justice Srem-Sai, representing the state, argued that the committee members were not explicitly named as defendants in the writ and should therefore be removed from the case.

However, former Attorney General Godfred Yeboah Dame countered that the reliefs sought directly affected the committee members, making them necessary parties to the suit.

A five-member Supreme Court panel, presided over by Acting Chief Justice Paul Baffoe-Bonnie, agreed with Dame’s argument and dismissed the AG’s objection. The ruling means the committee members will remain as parties in the case as proceedings move forward.

Implications and Next Steps

The decision keeps the legal battle alive as Chief Justice Torkonoo challenges the constitutionality of the committee’s actions. The case continues to draw significant attention, given its implications for judicial independence and constitutional governance in Ghana.

The Supreme Court is expected to hear further arguments on the injunction application and the broader constitutional questions raised in the suit. Legal analysts will be closely watching how the judiciary navigates this high-stakes dispute involving one of its own.

Source: GhanaFeed.Com