The second interlocutory injunction application challenging the process for the removal of Chief Justice Gertrude Torkonoo from office has been thrown out by the apex court.The Supreme Court, by a 4 to 1 majority decision, deemed the application by a private citizen, Theodore Kofi Atta-Quartey, unmeritorious on Wednesday, May 21.

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The five-member panel comprised Justices Paul Baffoe-Bonnie (Presiding), Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko.

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Justice Yaw Asare Darko was the only one who disagreed with the majority's opinion.

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Background

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The recent development follows a series of petitions filed against Chief Justice Torkornoo, beginning with one from a group known as Shining Stars of Ghana.

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The group alleges she violated Article 144 of the Constitution by personally recommending judges for promotion to the Supreme Court, and further claims she ruled on a case involving the Speaker of Parliament without granting him a hearing, despite his refusal to respond to the suit.

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Another petition from a police officer who is also a lawyer accuses the Chief Justice of manipulating evidence and abusing her authority, following an incident during a Supreme Court session where he was reportedly reprimanded, arrested, and detained. However, court records suggest the lawyer’s conduct during proceedings prompted a unanimous caution from the bench, not just the Chief Justice.

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A third petition, submitted by a private individual, lists 21 alleged misconducts and four claims of incompetence. Among the accusations is the misuse of public funds—specifically, that she spent over GH¢261,000 and $30,000 on a family trip abroad in 2023 and misused an additional GH¢75,580 and $14,000 during another foreign assignment without proper accountability.

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Subsequent reports indicate two more petitions have been added to the list, intensifying pressure on the judiciary.

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Chief Justice Gertrude Torkornoo, in her written response to President Mahama, strongly denied allegations of misconduct and abuse of office brought against her by senior police officer describing them as baseless and lacking grounds for her removal from office.

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A five-member committee has been formed to investigate the matter. The panel is chaired by Supreme Court Justice Gabriel Scott Pwamang, and includes Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Associate Professor James Sefah Dzisah of the University of Ghana.

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Legal matters arising

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Member of Parliament for Old Tafo, Ekow Vincent Assafuah, has moved to challenge the suspension of Chief Justice Gertrude Torkornoo, filing an application at the Supreme Court to injunct the presidential decision.

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The notice of motion, dated April 24, is a direct response to President John Dramani Mahama’s April 22 suspension of the Chief Justice, which was carried out in line with Article 146(6) of the 1992 Constitution after consultations with the Council of State and a determination that a prima facie case existed.

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According to Mr Assafuah, the process that led to the Chief Justice’s suspension violated constitutional provisions, as she was not informed of the petitions nor given an opportunity to respond before the President engaged the Council of State.

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“The thrust of the instant action is that the consultations initiated by the President with the Council of State to determine whether a prima facie case is disclosed in the three petitions against the Chief Justice, when the Chief Justice had not been notified of the petitions, was in flagrant violation of the Constitution and renders the whole process under article 146 null, void and of no effect,” his suit reads.

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He further described the actions taken thus far, including the formation of an investigative committee, as “a farce and the product of a pre-conceived orchestration to unconstitutionally remove the Chief Justice from office.”

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In the interim, Justice Paul Baffoe-Bonnie, the most senior Justice of the Supreme Court, has assumed the role of Acting Chief Justice in accordance with Article 144(6) of the Constitution, which provides for such a transition in the event the office becomes vacant or its occupant is unable to perform their duties.

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Ekow Vincent Assafuah filed an injunction application to halt the process for the removal of the Chief Justice; however, this application was also dismissed by the Supreme Court on May 6.

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The full reasons for the court's decision will be made public today, May 21.

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