The Supreme Court has adjourned to May 6 to hear the two applications for interlocutory injunction to prevent President John Mahama and the Council of State from acting on the petitions against Chief Justice Gertrude Torkornoo. The Chairperson of the panel of judges Justice Professor Henrietta Mensa-Bonsu said there was a little problem and for unavoidable reasons, the case had to be adjourned.
Obviously, the panel was not properly constituted as a member was absent. This is the second time the hearing has been adjourned. Last Wednesday April 9, the suits were adjourned indefinitely because of a letter from the Attorney General requesting that all cases involving the state should be adjourned because State Attorneys were attending a conference.
The applications were filed by MP for Old Tafo Vincent Ekow Assafuah and one Ebenezer Osei-Owusu. Mr. Assafuah’s suit against the Attorney General is asking the Supreme Court to make a declaration that the President must notify the Chief Justice and obtain her comments before referring a removal petition to the Council of State.
He argues that failure to do so before the consultation process is a violation of Article 146(6) and further undermines the constitutional protection of the Chief Justice’s security of tenure.
The second writ also filed by a private citizen, Ebenezer Osei-Owusu seeks to restrain President Mahama and the Council of State from proceeding with the processes in Article 146(6) of the Constitution relating to the removal of Chief Justice Torkornoo.
In his writ, Mr. Osei Owusu argues that the President has no constitutional authority to forward such petitions without first determining a prima facie case against the Chief Justice and providing her with copies of the petitions.
Meanwhile Attorney-General Dr Dominic Ayine said the filing of those applications cannot prevent the President from performing his Constitutional mandate. This is in response to earlier comments by former Attorney-General and lawyer for Mr. Assafuah Godfred Yeboah Dame that any further action on the petitions against the Chief Justice in view of the injunction application is a Constitutional breach.