Gertrude Sackey Torkornoo
THE SUPREME Court has once again adjourned an injunction application seeking to restrain the President and the Council of State from concluding the consultation process of three petitions seeking the removal of Chief Justice, Gertrude Sackey Torkornoo.
This was due to what the court described as “unavoidable reasons,” making it the second time the application has been adjourned.
It was noticed that there were only four judges on the panel instead of five, with Justice Samuel Asiedu absent when the case was called.
However, nothing was said about his absence as Justice Henrietta Mensa-Bonsu, president of the panel only indicated that “We’ve had some problems and for unavoidable reasons we have to adjourn.”
The Attorney General, Dr. Dominic Ayine, as well as former Attorney General, Godfred Yeboah Dame, who is counsel for the plaintiff were all present but they were not allowed to announce themselves.
The court adjourned the case to May 6, 2026.
The first adjournment on April 9, 2025 was as a result of the Attorney General writing to the Chief Justice asking her to adjourn all civil cases involving the Office to enable the State attorneys of the civil division to attend an annual capacity building training programme.
Member of Parliament for Old Tafo, Vincent Ekow Assafuah, has sued the Attorney General and seeking a declaration that upon a true and proper interpretation of articles 146(1), (2), (4), (6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice as well as obtain a response from her before referring the petition to the Council of State or commencing the consultation process.
He contends that a failure by the President to furnish the Chief Justice with copies of the petition seeking her removal, and she responding to the allegations made against her before the initiation of the consultation process with the Council of State violates Article 146(6) of the 1992 Constitution.
His injunction application argues that irreparable damage and grave injury would be caused to the people of Ghana if President Mahama and the Council of State proceed upon a pursuit of the ‘tainted’ process and same is subsequently declared unconstitutional by the court.
While the case is pending, the President forwarded the three petitions to the Chief Justice and gave her 10 days within which to respond – which she has since done.
BY Gibril Abdul Razak