Supreme Court dismisses Chief Justice’s injunction against suspension, removal – Ghana Business News
The Supreme Court has unanimously dismissed Chief Justice Gertrude Sackey Torkornoo’s application to halt her suspension and removal proceedings.
A five-member panel, presided over by Acting Chief Justice Paul Baffoe Bonnie, ruled that the application lacked merit after reviewing the processes and submissions.
Delivering the Supreme Court’s ruling, Justice Baffoe Bonnie stated that after reviewing the processes and oral submissions, the panel found no merit in the injunction application, leading to its dismissal.
The panel announced that its full reasons would be available on June 12, 2025.
Chief Justice Torkornoo and her husband, Francis Kofi Torkornoo, were present in court.
Mr. Godfred Yeboah Dame, former Attorney General, representing the Chief Justice, argued that the plaintiff’s writ raised serious legal questions that needed addressing.
He claimed that no prima facie case had been determined, citing a letter from the Secretary to the President.
“The court will note that the proceedings of the committee have begun, and no proper prima facie case has been presented to the plaintiff,” he said.
Mr. Dame argued that prima facie determination was quasi-judicial, involving an evaluation of the petition submitted to the President, and that determining its validity constituted a case against the plaintiff.
He insisted that prima facie determination was a substantive constitutional requirement, granting rights to the Chief Justice.
“The only person affected by the proceedings of Article 146 is the Chief Justice. How can it be the case that the determination is not made known to the plaintiff, and the Attorney General claims the documents have been made available to all persons affected by the proceedings?
“She is entitled to know ahead the charges made against her,” he added.
On the committee’s composition, Mr. Dame noted that Justice Scott Pwamang and the plaintiff had previously adjudicated two matters related to the petition.
Dr Justice Srem Sai, Deputy Attorney General, countered that prima facie determination alone was insufficient grounds for an interlocutory injunction.
He denied allegations concerning three other committee members, asserting that the apex court had ruled on similar cases previously, making a repeat order unnecessary.
Earlier, the court struck out Chief Justice Torkornoo’s supplementary affidavit, ruling that its contents violated Article 146(8) of the Constitution.
It also overruled the Attorney General’s objection to exclude committee members from the suit.
The Chief Justice sought Supreme Court intervention following her suspension by President John Dramani Mahama.
The President subsequently set up a Committee of Inquiry, chaired by Justice Gabriel Scott Pwamang.
Chief Justice Torkornoo filed an injunction against the committee and its removal process, later submitting a supplementary injunction against the treatment she received from the committee.
Source: GNA
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