May 06, 2025
Supreme Court Premises, Accra: In a 3:2 majority decision delivered by the Supreme Court, with Justices Henrietta Mensa-Bonsu and Ernest Gaewu dissenting, the application seeking to restrain further proceedings on the removal of the Chief Justice and to revoke the warrant of suspension issued against her Ladyship Gertrude Torkornoo was refused.
The Court held that while the application raised questions of constitutional import, the threshold for the grant of an interlocutory injunction had not been met. It found that no irreparable harm had been demonstrated by the applicant, Vincent Ekow Assafuah, and that any alleged constitutional breaches, even if ultimately substantiated, could be remedied at the substantive stage of the proceedings.
The Court further overruled preliminary objections raised by the former Attorney-General, Mr. Godfred Yeboah Dame, challenging the propriety of the Acting Chief Justice, Justice Paul Baffoe-Bonnie, presiding over and empanelling the panel. Relying on Article 144(6) of the 1992 Constitution, the Court affirmed the authority of the Acting Chief Justice to empanel and preside in matters affecting the Chief Justice, emphasizing that justice must not only be done but be manifestly seen to be done.
The Court struck out as withdrawn the initial application filed on 27th March 2025 and adjourned the substantive matter sine die, with liberty to recall it before a differently constituted panel. Full reasons for the decision are to be delivered on 21st May 2025.
