Full text: Ruling of the Supreme Court on Vincent Assafuah vs Attorney-General

On May 6, 2025, the Supreme Court of Ghana dismissed an injunction sought by Member of Parliament for Old Tafo, Vincent Ekow Assafuah against commencement of proceedings to hear three petitions to remove Chief Justice Gertrude Sackey Torkornoo.

According to the ruling of the apex court, a copy of which 3news has sighted, by writ issued on the 27th day of March 2025 Mr Vincent Assafuah- Plaintiff/ Applicant, invoked the original jurisdiction of the Court against the Attorney-General, the Defendant/Respondent, Mr Dominic Ayine seeking the following reliefs among others:

“(i) A declaration that upon a true and proper interpretation of Articles 146(1),(2),(4),(6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice about a petition for the removal of the Chief Justice and obtain his or her comments and responses to the content of such petition before referring the petition to the Council of State or commencing the consultation processes with the Council of State for the removal of the Chief Justice.

(ii) A declaration that upon a true and proper interpretation of Articles 146(1), (2), (4), (6) and (7), 23 and 296 of the Constitution, a failure by the President to notify the Chief Justice and obtain his or her comments and responses to a petition for the removal of the Chief Justice before triggering the consultation process with the Council of State constitutes a violation of Article 146(6) as well as the constitutional protection of the security of tenure of the Chief Justice who is a Justice of the Superior Court of Judicature stipulated in Article 146(1) of the Constitution.

Read full ruling below:

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