Supreme Court on Monday rejected a motion from the Attorney-General’s office seeking to exclude members of a parliamentary committee at the center of a constitutional challenge brought by suspended Chief Justice Gertrude Torkonoo.
In a unanimous ruling, a five-member Supreme Court panel, led by Acting Chief Justice Paul Baffoe-Bonnie, dismissed a preliminary objection filed by the Deputy Attorney-General, Dr. Justice Srem-Sai. The objection sought to remove Justices Scott Pwamang, Adibu-Asiedu, and other committee members from a lawsuit initiated by Justice Torkonoo over the legitimacy of the process to remove her from office.
Dr. Srem-Sai argued that the committee members had not been specifically named as defendants and therefore should not be directly impacted by the suit. However, the Court agreed with arguments made by former Attorney-General Godfred Yeboah Dame, representing Justice Torkonoo, who contended that the legal reliefs sought in the case would necessarily affect the committee members, making their inclusion appropriate.
Justice Torkonoo is seeking to challenge the constitutionality of the proceedings against her, including a request for the Court to declare the committee’s prima facie finding invalid, block further action by the committee, and allow her to waive her right to a private, in-camera hearing.
The application for injunction is part of a broader legal effort calling for constitutional interpretation of the procedures used in the attempted removal of the Chief Justice.
The case, which probes the boundaries between judicial independence and parliamentary oversight, is being closely watched in legal and political circles for its potential to set new precedents in the country’s governance framework.
Source:TheDotNews