Supreme Court dismisses Old Tafo MP’s injunction application against CJ removal process

The Supreme Court has dismissed an injunction application filed by the Member of Parliament for Old Tafo, Vincent Ekow Assafuah, challenging the removal process of Chief Justice Gertrude Esaaba Sackey Torkornoo.

The decision, delivered by a five-member panel of the apex court on Tuesday, 6th May, was reached by a 3–2 majority. The full reasoning behind the ruling is expected to be released on 21st May 2025.

Justices Paul Baffoe-Bonnie, Amadu Tanko, and Yonny Kulendi formed the majority, while Justices Henrietta Mensa-Bonsu and Ernest Gaewu dissented.

During the proceedings, former Attorney-General Godfred Yeboah Dame, representing the applicant, objected to the inclusion of Acting Chief Justice, Justice Paul Baffoe-Bonnie, on the panel.

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Mr Dame argued that Justice Baffoe-Bonnie had a personal interest in the outcome of the case and should recuse himself. However, the panel overruled the objection, deeming it to lack merit.

The court held that the objection was unsubstantiated and affirmed that the judicial process would proceed fairly and independently.

Reacting to the ruling, Mr Dame expressed reservations about the decision not to exclude the Acting Chief Justice from the panel. He stated:

I find it quite intriguing, to begin with, that the Acting Chief Justice himself would decide whether to proceed. As I indicated, I find it very incongruous because, indeed, if there is any beneficiary from all of these proceedings, the Chief Justice is a direct beneficiary.

Also addressing journalists after the ruling, Deputy Attorney-General Justice Srem-Sai commented:

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We are forgetting that when a citizen petitions for something to be done according to the Constitution, the President has no power or authority whatsoever to refuse to carry out what the Constitution requires.

To interpret this as the President having a personal issue with the Chief Justice is neither here nor there.

He further assured that the Chief Justice would be granted a fair hearing regarding the petitions seeking her removal.

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