SC Adjourns Chief Justice Removal Injunction Indefinitely

Chief Justice Gertrude Torkornoo

 

The Supreme Court (SC) has adjourned indefinitely an injunction application seeking to restrain the President and the Council of State from concluding the consultation process of three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo.

The adjournment was as a result of the Attorney General (AG) writing to the Chief Justice asking her to adjourn all civil cases involving the Office to enable the state attorneys of the civil division to attend an annual capacity building training programme.

Member of Parliament for Old Tafo, Vincent Ekow Assafuah, has sued the Attorney General and seeking 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 as well as obtain a response from her before referring the petition to the Council of State or commencing the consultation process.

He contends that a failure by the President to furnish the Chief Justice with copies of the petition seeking her removal, and she responding to the allegations made against her before the initiation of the consultation process with the Council of State violates Article 146(6) of the 1992 Constitution.

His injunction application argues that irreparable damage and grave injury would be caused to the people of Ghana if the President and the Council of State proceed upon a pursuit of the ‘tainted’ process and same is subsequently declared unconstitutional by the court.

While the case is pending, the President forwarded the three petitions to the Chief Justice and gave her 10 days within which to respond – which she has since done.

 

Adjournment

But the Supreme Court has been forced to adjourn the case indefinitely because of the letter emanating from the Office of the Attorney General asking the Chief Justice to adjourn all civil cases against the Office due to ongoing workshop which started on April 7 and will end on April 10, 2025.

When the case was called yesterday, Justices Henrietta Mensa-Bonsu, president of the five-member panel, confirmed that they had received the letter calling for the adjournment of the cases and the request had been approved by the Chief Justice.

Reginald Nii Odoi, a State Attorney told the court that, that is the instruction they have but the Attorney General had out of respect asked him and his senior to show up in court.

“So, you’re just here to confirm that you’re not coming,” Justice Mensa-Bonsu joked and Mr. Odoi said “yes,” drawing laughter from the Bench, the Bar and the gallery.

Former Attorney General, Godfred Yeboah Dame, who is counsel for Mr. Assafuah, in response said he found it quite odd that an ongoing conference by the Office of the Attorney General will lead to the adjournment in such an important case.

“The Attorney General attending a conference does not bar state attorneys from attending court,” Mr. Dame added, while suggesting that the case be adjourned to Monday, April 14.

The panel, which consists of Justices Samuel Asiedu, Ernest Gaewu, Richard-Frimpong, and Yaw Darko Asare indicated that the request by the AG was approved by the Chief Justice and communicated to all judges, therefore it will be inappropriate for the panel to fix a date.

The panel therefore, decided to adjourn the case indefinitely.

 

BY Gibril Abdul Razak

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