The Member of Parliament for Old Tafo in the Ashanti Region, Vincent Ekow Assafuah, has taken a bold step by filing a legal injunction against the recent suspension of Chief Justice Gertrude Torkornoo. The legislator is urging the Supreme Court to overturn President John Dramani Mahama’s decision, citing a violation of due process under Ghana’s Constitution.
According to the writ submitted on Thursday, the MP believes that the President acted prematurely by initiating the suspension while a pending court application on the matter had not yet been addressed. This legal move, according to observers, could potentially reshape the ongoing debate over the separation of powers and the rule of law in Ghana.
The MP’s legal team, led by former Attorney-General Godfred Dame, is requesting an order to halt any steps or processes aimed at removing the Chief Justice. He is also asking for a suspension of the President’s warrant for her removal until the court hears and decides on the application.
This case stems from President Mahama’s announcement on Tuesday of a five-member committee tasked with investigating three separate petitions against Chief Justice Torkornoo. It was later revealed that two additional petitions had also been submitted. The presidency has maintained that the move was made in strict adherence to Article 146(6) of the 1992 Constitution, which allows for such a committee to be formed once a prima facie case is established.
However, the MP argues that the Chief Justice was not informed about the petitions prior to the Council of State being consulted. This, he claims, is a significant procedural breach. In his view, the President’s actions suggest a disregard for legal protocol, as the Chief Justice had not been allowed to respond to the accusations before a committee was established.
Vincent Ekow Assafuah’s argument underscores the notion that constitutional processes must be strictly followed, especially when involving top judicial figures. He believes the entire removal process is flawed and could be seen as orchestrated, raising serious questions about the motive and timing of the petitions.
The application submitted to the Supreme Court further describes the President’s approach as one that undermines the principle of fair hearing and natural justice. By consulting the Council of State without notifying the Chief Justice, the process, according to the MP, was rendered null and void.
This unfolding situation has triggered a wave of public discourse, with many legal minds and political analysts weighing in on the implications. While the presidency maintains it followed the rule of law, critics argue that due process was not served. The outcome of this legal challenge may set a significant precedent in Ghana’s democratic journey, especially concerning the balance between the executive and judicial arms of government.
As the nation awaits the Supreme Court’s ruling, all eyes are on the Old Tafo MP’s legal challenge—a move many see as a defence of constitutionalism and justice in a critical moment for the country’s judiciary.
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