Published May 28, 2025
Accra May 28, 2025- The Supreme Court of Ghana unanimously dismissed an injunction application filed by suspended Chief Justice Gertrude Araba Sackey Torkornoo. The application sought to halt the proceedings of the Pwamang Committee, which is currently reviewing three petitions concerning her potential removal from office.
The five-member panel, presided over by Acting Chief Justice Paul Baffoe-Bonnie, ruled the application to be without merit, thereby allowing the committee’s work to continue uninterrupted .
The injunction application formed part of a broader legal challenged instituted by suspended Chief Justice who on May 21, 2025 filed a writ invoking the original jurisdiction of the Apex Court. The suit which has naturally drawn nationwide interest is deemed an extraordinary development in Ghana’s constitutional history by watchers of Ghana’s Legal scene.
And while the injunction application was dismissed, the suit nonetheless raises complex and critical questions of constitutional interpretation as to whether:
- A Chief Justice can waive her right to an in camera hearing under Article 146(8)
- The determination of a prima facie case must necessarily be accompanied by a reasoned, quasi-judicial decision.
- There are any safeguards to ensure that proceedings under Article 146 are not used to undermine the independence of the judiciary.
Though the Supreme Court ruling regarding the injunction application paves the way for the Pwamang Committee to continue its work, the thorny questions, and the broader implications of the suit, may well redefine the contours of judicial independence, executive authority, and procedural fairness under the 1992 Constitution.
