The Supreme Court has struck out an injunction application filed by the Member of Parliament for Old Tafo, Vincent Ekow Assafuah, which sought to stop the President from forwarding a petition for the removal of Chief Justice Gertrude Sackey Torkornoo to the Council of State.
The application was dismissed after the MP’s lawyer, former Attorney General Godfred Yeboah Dame, formally withdrew the suit during proceedings on Tuesday, 6 May 2025.
The injunction aimed to halt President John Dramani Mahama from proceeding with the constitutional process outlined in Article 146 of the 1992 Constitution, which requires the President to refer petitions for the removal of a Chief Justice to the Council of State for advice.
Before the dismissal of the case, the Supreme Court had unanimously rejected an objection raised by Dame challenging the inclusion of Acting Chief Justice Paul Baffoe-Bonnie on the panel hearing the matter. Dame had argued that Justice Baffoe-Bonnie had a personal interest in the outcome of the case and should recuse himself. However, the court held that the objection lacked merit and affirmed that the judicial process would proceed fairly and independently.
Deputy Attorney-General Justice Srem Sai, in counterarguments, emphasised that Dame’s claims were speculative and failed to meet the threshold for disqualification.
At a previous sitting on 16 April, the five-member panel was reduced to four due to the absence of Justice Samuel Asiedu, with Justice Osei Bonsu presiding. The court explained that the adjournment was due to unavoidable circumstances.
The legal action followed President Mahama’s decision in March to forward three separate petitions to the Council of State calling for Chief Justice Torkornoo’s removal. According to a statement from the Presidency’s Communications Directorate, the move was in line with constitutional obligations and followed submissions by various citizens.
Attorney General Dr Dominic Ayine had earlier rebutted Dame’s legal challenge, asserting that no law prevents the President from performing a constitutional duty, even when an injunction application is pending.
“He needs to understand that this is the performance of a constitutional duty, and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” Ayine stated.
The Chief Justice has since submitted her response to the petition. The Council of State is expected to offer its advice to the President as the constitutional process continues.
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