A private practice lawyer and director of legal affairs for the New Patriotic Party (NPP), Gary Nimako Marfo, has defended Chief Justice Gertrude Araba Sackey Torkornoo's decision to form a five-member panel to address an injunction application filed by Rockson-Nelson Dafeamekpor on Wednesday, 27 March 2024.

During an interview on the Big Bulletin, Asaase Radio’s evening news analysis program with Kayleb Ahinakwah, on the same date, Nimako Marfo explained that the application by the NDC Member of Parliament for South Dayi was ready for hearing as the Attorney General had submitted its opposing affidavit and statement of case.

He clarified that once all relevant parties had filed their documents, it was inconsequential if their lawyers were absent during the hearing, as the court had jurisdiction to proceed.

“When you issue a writ, within 14 days, you need to file your statement of case, or you can do it together with the filing of the writ. When you do it, you have to serve the AG or all other parties that are of interest in the matter. Having done so, the AG and the other parties will have to respond whether immediately or within 14 days.

“On the back of the injunction application, I do not understand why someone will say fixing the matter to be heard by a panel demonstrates that the Chief Justice is biased in the matter. I don’t get it. Clearly, whoever is saying this doesn’t understand how the judicial system works in this country, ” Gary Nimako further explained.

Nimako Marfo emphasized the procedural timeline for filing documents and service, expressing confusion over criticism suggesting bias by the Chief Justice in constituting the panel. He argued that those making such claims lacked understanding of the judicial system.

Regarding the urgency of the application, Nimako Marfo noted its significance and expressed surprise at attempts by the applicant and their lawyers to avoid service when the court was prepared to address the matter promptly.

He highlighted the impact of the case on parliamentary duties, noting the reluctance of Parliament to approve ministerial nominees due to the pending injunction application. Nimako Marfo asserted that expeditious handling of such cases was necessary.

The application in question, filed by Rockson-Nelson Dafeamekpor on Monday, 18 March 2024, sought a declaration of the unconstitutionality of not vetting ministers whose appointments were revoked and reassigned.

President Akufo-Addo's reshuffle on Wednesday, 14 February 2024, prompted the legal challenge, as Dafeamekpor argued that reassignments constituted new appointments requiring parliamentary approval.

During the hearing, Dafeamekpor's lawyers were absent, but the court proceeded after confirming service to all parties. The Attorney General and lawyers for the Speaker of Parliament opposed the injunction, leading to its dismissal by the Supreme Court on the grounds of being frivolous and an abuse of the court process.