CJ Suspension: Asafuah Gets Bloody Nose In Court

An attempt by the Member of Parliament for Old Tafo, Vincent Ekow Assafuah, to overturn the suspension of Chief Justice Gertrude Esaaba Sackey Torkornoo has failed, following a majority ruling by the Supreme Court.

In a 3-2 decision, the court dismissed the application brought by Vincent Ekow Assafuah, which sought to revoke the presidential warrant suspending the Chief Justice.

The applicant, represented by former Attorney General, Godfred Yeboah Dame, argued that the process leading to the Chief Justice’s suspension was constitutionally flawed.

Presiding over the panel was Acting Chief Justice Paul Baffoe-Bonnie, who sat alongside Justices Yonny Kulendi, Amadu Tanko, Henrietta Mensa-Bonsu and Ernest Gaewu.

The majority – Justices Baffoe-Bonnie, Kulendi and Amadu – ruled against the application, while Justices Mensa-Bonsu and Gaewu dissented.

Delivering the court’s decision, the bench held that the application failed to meet the threshold for the grant of an interlocutory injunction. The court emphasised that full reasons for its decision would be provided on May 21, 2025.

Legal Arguments and Objections

Counsel for the applicant, Attorney General Dame, argued that the Chief Justice had not been given the constitutionally required notice or opportunity to respond to three petitions seeking her removal before the President commenced the consultation process. According to Godfred Yeboah Dame, this omission rendered the entire process null and void.

“There has been a clear constitutional violation,” Godfred Yeboah Dame stated, adding that “irreparable damage” would be caused to the applicant if the court did not halt the ongoing process.

He further cited past judicial precedents, including the case of Justice Akpalu, to support the contention that due process must be followed in matters involving the removal of a sitting Chief Justice.

However, the court appeared unconvinced. Justice Kulendi queried Dame on the absence of a constitutional timeline for notifying the respondent under Article 146, suggesting that while notice is critical, the Constitution does not prescribe a timeframe that would render the process invalid if delayed.

Counsel for the state, Deputy Attorney General Dr. Justice Srem-Sai, countered that the application was misconceived, arguing that the MP lacked standing as the Chief Justice herself had been heard before a prima facie case was established.

He also maintained that the alleged harm was not irreparable, and any constitutional breach could be remedied by the court later.

Objection to Panel Composition Dismissed

In a dramatic twist, Dame objected to the participation of Acting Chief Justice Baffoe-Bonnie in the case, arguing that it was inappropriate for him to empanel himself and preside over proceedings affecting the position of the Chief Justice, from which he temporarily benefits.

“This is unprecedented,” Dame said. “Never in our judicial history has an Acting Chief Justice empanelled himself in a case affecting the Chief Justice.”

But Dr. Srem-Sai refuted the claim, stating that the acting role is not a personal benefit, but a constitutional duty. He added that none of the precedents cited—such as the Tuffuor and Agyei Twum cases—were directly applicable to the present matter.

The panel unanimously dismissed the objection, citing Article 144(6) of the Constitution and declaring it “unmeritorious.”

A subsequent objection by Dame regarding the reconstitution of the panel was also dismissed, with the court holding that proceedings had not formally commenced at the time.

Dame later withdrew an earlier application filed on March 27, which was struck out without objection. With this ruling, the warrant suspending Chief Justice Torkornoo remains in effect.

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