Supreme Court on Tuesday struck out an injunction application filed by Member of Parliament Vincent Ekow Assafuah, effectively clearing the way for a presidential petition process that could lead to the removal of Chief Justice Gertrude Sackey Torkornoo.
The suit, brought by Mr. Assafuah—who represents the Old Tafo constituency and is a former deputy education minister—had sought to bar President John Dramani Mahama from referring petitions against the Chief Justice to the Council of State. The withdrawal of the case by Mr. Assafuah’s counsel, former Attorney General Godfred Yeboah Dame, led the court to dismiss the application without a ruling on the merits.
The development comes amid heightened legal and political tensions surrounding a series of removal petitions against the Chief Justice, which the President transmitted to the Council of State on March 25 in accordance with Article 146 of Ghana’s 1992 Constitution. The Presidency confirmed receipt of three separate petitions calling for Justice Torkornoo’s dismissal.
Before the dismissal, the Supreme Court also unanimously rejected an attempt by Mr. Dame to disqualify Acting Chief Justice Paul Baffoe-Bonnie from presiding over the case. Mr. Dame had argued that Justice Baffoe-Bonnie, as the judiciary’s interim head, could be materially affected by the outcome and therefore should not lead the panel. His objection was overruled.
“The issue raised does not disqualify Justice Baffoe-Bonnie from presiding,” the court ruled, affirming that the judicial process would proceed with due impartiality.
The Attorney General, Dr. Dominic Ayine, rebutted Mr. Dame’s argument that an injunction application should halt all action by the executive. He insisted no provision in Ghana’s laws restrains the President from fulfilling his constitutional duties during pending court proceedings.
The five-member panel has faced logistical delays, with Justice Samuel Asiedu absent at a prior hearing in April. The case, chaired then by Justice Osei Bonsu, was postponed for what was described as an “unavoidable reason.”
The Supreme Court’s decision removes a legal roadblock in a case with potential ramifications for judicial independence and executive oversight in one of West Africa’s most stable democracies.
Source:TheDotNews