Tafo MP Wants CJ’s Removal Process Halted

A legal storm is brewing at the Supreme Court, as the Member of Parliament for Old Tafo in the Ashanti Region, Vincent Ekow Assafuah, has filed a fresh suit seeking to halt the ongoing processes for the removal of the Chief Justice, Justice Gertrude Torkornoo.

The suit, filed under number J1/18/2025 and dated April 24, 2025 targets the Attorney-General as the defendant and centres on a controversial petition process initiated by President John Dramani Mahama.

In an application for an interlocutory injunction filed through his solicitors, Dame and Partners, Mr Assafuah is praying the apex court to restrain any action or process under Article 146 of the 1992 Constitution related to the removal of the Chief Justice.

Specifically, the applicant/petitioner seeks an order to suspend the execution of the President’s warrant purporting to suspend the Chief Justice, pending the final determination of the substantive case.

Mr. Assafuah contends that the President’s failure to notify the Chief Justice and obtain her responses before triggering consultations with the Council of State violates Article 146(6) of the Constitution, which outlines the procedure for removing a justice of the superior courts.

According to him, this procedural lapse undermines judicial independence and breaches the Chief Justice’s right to a fair hearing, as guaranteed under Articles 23 and 296 of the Constitution.

Exhibit “A” attached to the motion is the said press release. Further exhibits include correspondence between the President and the Chief Justice and statements by presidential appointees allegedly affirming a predetermined outcome of the petition process.

The plaintiff, therefore, accuses the President and the Council of State of orchestrating a “charade” to oust the Chief Justice unlawfully, citing previous public criticisms made by the President against the Judiciary.

Mr. Assafuah argues that such conduct constitutes a “grave assault” on judicial independence and violates the constitutional safeguards surrounding the tenure of office.

Mr. Assafuah’s legal team argues that allowing the removal proceedings to continue while the case is pending would cause irreparable harm to the constitutional order and the public’s trust in the judiciary.

Despite the pending court process, the President, on April 22, 2025, issued a press release announcing that a prima facie case had been established against the Chief Justice, based on three petitions.

The statement also revealed the formation of a five-member committee to investigate the allegations and the Chief Justice’s immediate suspension.

The case is expected to be heard on May 6, 2025.

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