The Supreme Court has struck out an injunction application filed by Vincent Ekow Assafuah, Member of Parliament for Old Tafo, which sought to prevent President John Mahama from forwarding a petition for the removal of Chief Justice Gertrude Sackey Torkornoo to the Council of State.

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The decision followed the withdrawal of the application by Assafuah’s legal counsel, former Attorney General Godfred Yeboah Dame, during proceedings on Tuesday, May 6.

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Delivering the majority opinion, Acting Chief Justice Paul Baffoe-Bonnie and Justices Yonny Kulendi and Amadu Tanko voted to dismiss the injunction, while Justices Henrietta Mensah Bonsu and Ernest Gaewu dissented.

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The apex court announced that it will release the full reasoning behind its ruling on May 21, 2025.

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The injunction was intended to halt the President’s constitutional process in relation to the removal petition.

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The notice of motion, dated April 24, was 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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The withdrawal on Tuesday came after the same panel earlier unanimously dismissed an objection raised by Mr Dame challenging the participation of Acting Chief Justice Paul Baffoe-Bonnie in the matter.

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Mr Dame argued that the Acting Chief Justice had a conflict of interest and should not preside over a case that potentially involved the substantive Chief Justice.

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However, the court rejected this claim, affirming that Justice Baffoe-Bonnie’s role did not violate judicial standards or disqualify him from sitting on the case.

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At a previous hearing, the case was temporarily stalled due to the absence of Justice Samuel Asiedu, reducing the bench from five to four justices. The court noted at the time that the adjournment was due to unavoidable circumstances.

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Dame had previously argued that the President must suspend consultation with the Council of State while the court process was ongoing. However, Deputy Attorney-General Justice Srem Sai and Attorney-General Dr. Dominic Ayine countered this, maintaining that the President’s constitutional duties could proceed regardless of the court filing.

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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 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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