On Wednesday, 9th April 2025, the Supreme Court of Ghana adjourned sine die the hearing of a constitutional suit seeking to halt the impeachment process initiated against the Chief Justice, Her Ladyship Justice Gertrude Torkornoo.
Presiding over the panel, Justice Henrietta Mensa-Bonsu informed the parties that the Office of the Attorney-General had requested an adjournment due to an ongoing capacity-building programme for State Attorneys. The Court accordingly obliged the request and adjourned proceedings without fixing a return date.
The suit was filed by the Honourable Member of Parliament for Old Tafo, Vincent Ekow Assafuah, who is invoking the original jurisdiction of the Supreme Court under Article 2 of the 1992 Constitution. The member of parliament (“the applicant”) is challenging the constitutionality of steps allegedly taken by former President John Dramani Mahama to consult the Council of State in respect of petitions submitted for the removal of the Chief Justice. Mr Assafuah contends that this consultation occurred without the Chief Justice having first been notified of the petition or given an opportunity to respond, as required by law.
According to the applicant, the failure to afford the Chief Justice a hearing at the preliminary stage constitutes a breach of natural justice and a fundamental departure from the procedure prescribed under Article 146(6) of the Constitution. He argues that before any reference to the Council of State can be made, the President must establish a prima facie case and, in doing so, must necessarily obtain and consider the written comments of the judicial officer concerned. The absence of this procedural safeguard, he maintains, renders the process void and of no legal effect.
It is interesting to note what the next steps in the suit would be, both in light of the fact that the very violation that the suit seeks for interpretation and its effect appears to have been rendered largely moot due to the service of the copies of the Petition on the Chief Justice by the President and the opportunity given to the CJ to submit a response.
Nonetheless, and however one looks at it- and while the President and the Council of State makes all that important decision- it cannot be disputed that the suit and the matters arising have engaged the attention of Ghanaians, who are anxious to know how things would resolve, which undeniably affect issues of judicial independence and accountability and Supremacy of the Constitution.
