Supreme Court Dismisses Injunction to Halt CJ Removal
Story By: Rebecca Okine
The Supreme Court has, in a close 3–2 majority decision, dismissed an injunction application filed by Old Tafo Member of Parliament, Vincent Ekow Assafuah, seeking to stop the removal process of Chief Justice Gertrude Torkornoo.
Mr. Assafuah, represented by former Attorney General Godfred Yeboah Dame, had asked the apex court to intervene and halt the proceedings as well as revoke the Chief Justice’s suspension from office. The court, however, ruled that there were no sufficient grounds to grant the reliefs sought.
The five-member panel presiding over the case was led by Acting Chief Justice Paul Baffoe-Bonnie, with Justices Yonny Kulendi and Amadu Tanko forming the majority in favor of dismissing the application. Justices Henrietta Mensa Bonsu and Ernest Gaewu dissented, expressing opposing legal reasoning. The full judgment, including the rationale for the majority decision, is expected to be published on May 21, 2025.
Chief Justice Torkornoo was suspended by President John Dramani Mahama on April 22, following the establishment of a prima facie case based on petitions from private citizen Daniel Ofori, senior police officer Ayamga Akolgo, and civil society group Shining Stars of Ghana. In response, a five-member committee has been constituted to investigate the allegations.
Prior to the Council of State’s review of the petition, Mr. Assafuah filed an interlocutory injunction at the Supreme Court in a bid to prevent the President from transmitting the petition to the Chief Justice, arguing that due process was not being followed.
The injunction application formed part of a wider legal challenge, raising constitutional concerns about judicial independence and procedural fairness. Mr. Assafuah’s legal team contended that allowing the proceedings to continue without resolving these fundamental issues would undermine the integrity of the judiciary. Despite these arguments, the majority of the panel held that there was no compelling justification to delay the process, allowing the removal proceedings to continue as scheduled.
