The Supreme Court has by 3:2 majority dismissed an interlocutory injunction to stop President John Mahama and the Council of State from acting on three petitions against the Chief Justice Gertrude Torkornoo. Justice Professor Henrietta Mensa-Bonsu and Justice Ernest Yao Gaewu dissented. Acting Chief Justice Paul Eugene Baffoe-Bonnie who presided on the panel said reasons for the court’s decision will be made available on May 21. The application was filed by MP for Old Tafo Vincent Ekow Assafuah on March 27, over the potential removal of the Chief Justice.
The Old Tafo MP filed the application following a Press Statement from the Presidency announcing that President Mahama is consulting the Council of State over three petitions asking for the removal of the Chief Justice.
Mr. Assafuah urged the Supreme Court to declare that the President must notify the Chief Justice and obtain her comments before referring a removal petition to the Council of State as enshrined in Article 146 and 296 of the Constitution. He also contended that failure to do so before initiating the consultation process is a violation of Article 146(6) and undermines the constitutional protection of the Chief Justice’s security of tenure. Another application filed by a private citizen, Ebenezer Osei-Owusu which also sought to restrain President Mahama and the Council of State from proceeding with processes for the removal of Chief Justice Torkornoo was struck out as withdrawn.