The application filed by the Member of Parliament (MP) of Old Tafo, Vincent Ekow Assafuah, challenging the processes of removal of Chief Justice, Justice Gertrude Torkornoo, has for the second time been adjourned.
The case will be heard again on May 6, 2025.
Presiding judge, Prof Henrietta Mensah Bonsu, explained that one of the panel was unavoidably absent, hence the adjournment.
Speaking to the media after the adjournment, Attorney General, Dr Dominic Ayine, accepted the reasons of the adjournment, emphasising on the unavoidable absence of one panel judge.
He acknowledged that President John Dramani Mahama has a constitutional duty to perform and he would do just that without any interferences because the law is clear that no one can enjoin the performance of a constitutional duty.
“The president has a constitutional duty to perform and nothing can enjoin the performance of a constitutional duty, so, I do not see the point Assafuah is making that the president must hold on to the process of consultation,” he stated.
Responding to former AG and lawyer for the petitioner, Godfred Dame’s earlier comments, Dr Ayine said it was unacceptable for his predecessor to assume that their absence at the last hearing was meant to delay the process.
Details of the case
In the application filed through his legal team, Dame and Partners Unlimited, Assafuah argues that based on a proper interpretation of the 1992 Constitution by the apex court, the Chief Justice must be furnished with copies of the petitions submitted to the president for her removal before any consultation with the Council of State can occur.
Assafuah maintains that Article 146 of the constitution mandates the president to notify the Chief Justice of the petition seeking her removal and to obtain her response before initiating the consultation process with the Council of State.
He is, therefore, asking the court to declare that President Mahama’s failure to comply with this constitutional requirement, and his decision to forward the petitions to the Council of State for further action is null, void, and of no effect.
The MP made this known on his social media platforms, sharing a copy of the writ filed at the Supreme Court on Thursday, March 27, 2025.
His suit follows the president’s announcement, made through the Minister of State in charge of Government Communications, Felix Kwakye Ofosu, that three petitions demanding the removal of Chief Justice Gertrude Torkornoo would be referred to the Council of State for consultation.
Assafuah’s reliefs before the court:
(i) 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 about a petition for her removal and obtain her comments and responses before referring the petition to the Council of State or commencing the consultation process.
(ii) A declaration that failure by the President to notify the Chief Justice and obtain her comments before triggering the consultation process constitutes a violation of Article 146(6), and infringes on the constitutional protection of the Chief Justice’s security of tenure, as stipulated in Article 146(1).
(iii) A declaration that such failure amounts to unjustified interference with the independence of the judiciary, in breach of Articles 127(1) and (2).
(iv) A declaration that the failure to notify the Chief Justice and obtain her response constitutes a violation of the right to a fair hearing, under Articles 23 and 296, and renders the consultation process initiated by the President null, void, and of no effect.
(v) Any other order(s) as this Honourable Court may deem appropriate.
VA/AE
Meanwhile, watch the arrival of the Attorney General, Dr Dominic Ayine at the Supreme Court:
