There are contradictory reports surrounding the current state of the wife of a member of the New Patriotic Party (NPP), Alfred Ababio Kumi, who has been charged with publication of false news.

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Alfred was picked up by the Crime Investigation Department (CID) and National Security operatives today.

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Following his arrest, General Secretary for the NPP, Justin Frimpong Kodua, noted that Alfred's wife suffered a miscarriage.

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“I have had discussions with his wife, and indeed it is true. It is a very sad thing that has happened today. In the midst of the trauma, she suffered a miscarriage,” Mr Kodua is quoted to have said on Joy FM’s midday news today by MyJoyOnline.

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However, Alfred's lawyer's submission after his client got charged suggested otherwise.

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Engaging JoyNews, Clement Opoku on whether his client will spend the weekend behind bars, he said "I would never wish that for him. It's a Friday. If you heard the family in the media earlier, the wife is an expectant mother. She will need the husband around."

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Alfred Ababio Kumi has petitioned President John Mahama to dissolve the committee probing the removal of Chief Justice Gertrude Torkornoo.

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Reports from a top executive of the opposition party, the general secretary, Justin Frimpong Kodua, and confirmation from Alfred's mother confirm his arrest by the officials.

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"All patriots should rush to Adenta Kumi's house, as over 20 CID and National Security officers are there to pick him up," the General Secretary wrote in a post on social media.

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The petitioner's mother who engaged Asaase Radio in an interview said: "They broke the door to his house. They brought a paper (search warrant) but I didn't take a look at it. They said they need to have a conversation with him so they took him away."

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Prior to his pickup, Alfred Kumi, in his petition to the president, stated that he witnessed three Supreme Court justices—including two members of the committee—having dinner at a restaurant in Accra.

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He named the individuals as the chairman of the committee, Justice Gabriel Scott Pwamang, Justice Samuel Kwame Adibu-Asiedu, and Justice Yonny Kulendi.

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His claims are yet to be verified following the publication of the video that captured the justices by the Acting Chief Executive Officer of the National Petroleum Authority (NPA), Godwin Edudzi Tameklo to disprove the allegations.

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Meanwhile, the opposition party has accused the government of abusing the rights of Alfred Kumi.

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“Whatever reason they may have, whether it is linked to the petition or any other matter, he still has a fundamental human right."

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“His human rights have been abused because that is not a way to arrest and detain a person. At least the due process must be followed," General Secretary Justin Frimpong Kodua.

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Background

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A series of petitions have been 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 committee 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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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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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 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. Justice Yaw Asare Darko was the only one who disagreed with the majority's opinion.

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Justice Torkornoo heads to court

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Suspended Chief Justice Gertrude Torkornoo has headed to the Supreme Court to prevent the committee set up by President John Mahama to probe the petitions seeking her removal from office.

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She is also requesting the apex court to halt her suspension issued by the President under Article 146(10) of the Constitution until a final determination is made on the matter.

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On Wednesday, May 21, her legal team at Dame and Partners filed an interlocutory injunction application.

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The defendants per the writ, are Attorney-General Dr Dominic Ayine, Justice Gabriel Scott Pwamang, Justice Samuel Kwame Adibu-Asiedu, Daniel Yao Domelovo, Major Flora Bazwaanura Dalugo, and Professor James Sefah Dzisah.

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The plaintiff has prayed the apex court to restrain the committee from proceeding with any further inquiry as well as prevent Justice Gabriel Scott Pwamang, the acting Chief Justice, from participating in the process.

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Experts react to Torkornoo's suit

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A former Director of the Ghana School of Law, Kwaku Ansa-Asare, believes that Justice Torkornoo should have first sought counsel from the Judicial Council before heading to the apex court.

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“The Judicial Council has been established to aid successive Chief Justices to behave themselves. So if an incumbent Chief Justice has a problem, her first port of call should be to seek counsel. I don’t think that has been done," he said.

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Director of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudzi Tameklo, described the suspended Chief Justice's move as interesting.

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“I’m happy that the suspended Chief Justice is going to have the benefit of how the justice system works. Just like any one of us, her leadership may need the benefits of the very justice she, together with others, over the years, delivered to people," he said while engagaing the media in an interview.

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