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WINFRED KWAO

10 hours ago

MP SEEKS SUPREME COURT INTERVENTION TO HALT CHIEF JUSTICE’S SUSPENSION

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Politics

10 hours ago

Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has taken legal action to challenge the suspension of Chief Justice Gertrude Sackey Torkornoo by President John Dramani Mahama. In a fresh application filed at the Supreme Court, Assafuah is seeking an interlocutory injunction to halt both the suspension and any further steps toward Justice Torkornoo’s potential impeachment until the court rules on the constitutionality of the process.

The MP’s latest move aims to stop the work of a five-member committee appointed by the President to investigate impeachment petitions against the Chief Justice. This marks the second time Assafuah has sought judicial intervention, having previously filed a writ in March contesting the legality of the impeachment proceedings.


Legal Controversy and Alleged Violations

Assafuah argues that President Mahama bypassed constitutional safeguards by failing to notify Justice Torkornoo of the petitions before consulting the Council of State—a step he claims violates Article 146 of Ghana’s Constitution. According to the MP, the President’s actions demonstrate a "blatant disregard for due process," as the initial injunction application was still pending when the suspension was announced.

In his affidavit, Assafuah emphasized that the impeachment process appears politically motivated, given the prolonged delay in informing the Chief Justice about the petitions. He warned that allowing the committee to proceed could undermine judicial independence and set a dangerous precedent for future removals of high-ranking officials.

Acting Chief Justice Steps In

Amid the unfolding legal drama, Acting Chief Justice Paul Baffoe-Bonnie has issued a directive requiring all new court cases to be referred to his office for assignment. The move, outlined in a memo from the Deputy Judicial Secretary, signals a temporary shift in judicial administration while the suspension remains in effect.


Calls for Transparency and Reform

The International Federation of Women Lawyers (FIDA-Ghana) has also weighed in, urging transparency in the impeachment proceedings and a swift resolution to allow Justice Torkornoo to resume her duties. The group highlighted concerns over the implications for judicial independence and gender representation in leadership, calling for stronger legal protections against arbitrary dismissals of constitutional officeholders.

Background of the Suspension

President Mahama’s decision to suspend the Chief Justice followed consultations with the Council of State, which found a prima facie case in three separate petitions. A committee chaired by Supreme Court Justice Gabriel Scott Pwamang has been tasked with investigating the allegations.

As legal tensions escalate, the Supreme Court’s ruling on Assafuah’s application could determine not only Justice Torkornoo’s fate but also the integrity of Ghana’s judicial oversight mechanisms. Observers await the court’s next steps, with a hearing on the initial injunction request scheduled for May 6.

The case has reignited debates about executive overreach, due process, and the delicate balance of power in Ghana’s democracy. For now, all eyes remain on the judiciary as it navigates this high-stakes constitutional showdown.




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