Justice Gertrude Torkornoo files interlocutory injunction against inquiry into petitions for her removal

The Chief Justice Gertrude Torkornoo has filed an interlocutory injunction at the Supreme Court seeking to halt the work of the five-member committee established by President Mahama to inquire into the three petitions against her removal from office.

In the suit filed on May 21, 2025, and sighted by 3News, Justice Gertrude Torkornoo is praying the court for an order to restrain the Committee from taking any action in connection with the prima facie case determined against her.

Gertrude Torkonoo also wants the court to restrain Justice Gabriel Scott Pwamang and Justice Samuel Kwame Adibu-Asiedu from participating in the proceedings of the Committee established to inquire into the petitions against her.

In her notice of motion, the suspended Chief Justice is seeking the court to issue an order to quash her suspension which was issued by President Mahama in accordance with the constitution.

“An order restraining the committee set up by the President to inquire into the three petitions against the plaintiff, composed of the 2nd, 3rd, 4th, 5th and 6th defendants, from proceeding with an inquiry, the execution of the terms of reference of the committee or taking any action in connection with the purported determination of a prima facie case made against the plaintiff until the hearing and final determination of the instant action;

“An order restraining the 2nd and 3rd defendants/respondents from presiding over or participating in proceedings of the committee appointed by the President to inquire into three petitions purportedly presented for the removal of the plaintiff as Chief Justice of the Republic until the hearing and final determination of the instant action,” the statement of claim highlighted.

“An order suspending the operation of the warrant for suspension of the Chief Justice purportedly issued by the President under article 146(10) of the Constitution, 1992, until the hearing and final determination of the instant action.

“Any further order(s) at to this Honourable Court may seem meet,” the suit stated.

The suit names the Attorney-General and Minister of Justice, Justice Gabriel Scott Pwamang, Justice Samuel Kwame Adibu-Asiedu, Daniel Yao Domelovo and other members of the Committee as defendants in the case.

President Mahama on April 22, 2025 in accordance with Article 146(6) of the Constitution and in consultation with the Council of State suspended the Chief Justice, Gertrude Torkonoo after a prima facie case was established against her.

The President further established a five-member committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State to inquire into the petitions submitted to the President.

The committee comprised of;

1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court  – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo (Former Auditor-General) –  Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) – Member

The suit by the Chief Justice comes after the Supreme Court, by a 4-1 majority decision dismissed an application filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) seeking to halt the impeachment process initiated by President John Mahama against Gertrude Sackey Torkornoo.

Read also: Supreme Court dismisses another bid to halt Chief Justice impeachment in 4-1 majority ruling

The court, presided over by Acting Chief Justice Paul Baffoe-Bonnie, ruled that the application lacked merit. Justices Baffoe-Bonnie, Issifu Omoro Tanko Amadu, Yonny Kulendi, and Henry Anthony Kwofie formed the majority, with Justice Yaw Asare Darko dissenting.

This ruling, delivered on Wednesday, May 21 marks the second time the Apex court has rejected an attempt to freeze the ongoing impeachment proceedings.

A similar application was earlier filed and dismissed in a case brought by Old Tafo-Pankrono MP, Vincent Ekow Assafuah.

CenCES, a civil society organization, filed a writ at the Supreme Court challenging the constitutionality of the process being used to remove the Chief Justice.

The group argued that the manner in which the President had proceeded violated key principles of due process and contravened several provisions of the 1992 Constitution.

CenCES sought an injunction to suspend the work of the five-member committee currently probing the petitions against the Chief Justice until the court delivers a final judgment on the substantive constitutional issues raised in their suit.

However, the Supreme Court, by majority ruling, allowed the impeachment process to proceed.

The post Justice Gertrude Torkornoo files interlocutory injunction against inquiry into petitions for her removal first appeared on 3News.

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