Some of the members of the Pwamang Committee hearing the petitions of the CJ’s removal
The Supreme Court has overruled an objection by state attorneys seeking to exclude members of the Pwamang Committee from the application filed by suspended Chief Justice, Justice Gertrude Torkornoo, challenging her suspension and the ongoing proceedings for her removal.
During court proceedings on Wednesday, May 28, 2025, the Deputy Attorney-General, Dr Justice Srem-Sai, representing the state, urged the Court to exclude the members of the committee from Justice Torkornoo’s suit.
He argued that Justice Torkornoo had indicated in her application that the committee members would not be directly affected by the writ.
However, former Attorney-General Godfred Dame, counsel for Justice Torkornoo, countered that the basis for removing a party from a suit is not whether the person would be affected, but whether they are proper parties to the action.
He contended that his client had sought claims and reliefs against the committee members and, therefore, they were necessary parties to the proceedings.
The five-member panel of the Court, presided over by the Acting Chief Justice, Justice Paul Baffoe-Bonnie, overruled the state’s objections.
The Court ruled that the inclusion of the committee members, who are hearing the three petitions for Justice Torkornoo’s removal, was not fatal to the suit.
In her injunction application, Justice Torkornoo is seeking to halt the proceedings of the five-member committee investigating the petitions for her removal from office.
Filed on May 21, 2025, the interlocutory injunction seeks to restrain the committee, constituted by President John Dramani Mahama, from continuing its work until the case is fully resolved.
Justice Torkornoo is also requesting the Supreme Court to bar two of its own justices, Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu, from participating in the hearings, citing concerns over impartiality.
In her affidavit, she argued that Justice Pwamang had previously adjudicated cases involving Daniel Ofori, one of the petitioners, and therefore should not sit on a panel reviewing a petition in which he is involved.
She also contended that Justice Adibu-Asiedu had served on a panel that ruled on a related injunction application, potentially compromising his neutrality.
Additionally, Justice Torkornoo questioned the constitutionality of the committee’s composition. She challenged the eligibility of its three remaining members, Daniel Yao Domelovo, Major Flora Bazwaanura Dalugo, and Professor James Sefah Dzisah, citing potential breaches of Articles 146(1), (2), and (4), as well as Articles 23 and 296 of the Constitution, and the Oaths Act of 1972.
BAI/MA
