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CJ’s removal: Halt consultations with Council of State until interlocutory injunction is dealt with – Dame to Mahama

By Raphael Ghartey
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3 min read
Ambulance

Attorney-General Godfred Dame

Lawyers for Old Tafo MP, Vincent Assafuah say they expect President Mahama to halt his consultation with the council of state on the petitions to remove the Chief Justice until the Supreme Court deals with the injunction application.

Vincent Assafuah filed a suit arguing that the ongoing processes triggered by three petitions, all seeking the removal of the Chief Justice cannot proceed because the Chief Justice was not given a fair hearing before the consultation started.

Addressing journalists in court on Wednesday, April 9, 2025, Counsel for Vincent Assafuah, Godfred Yeboah Dame noted that it is the expectation of the law and in adherence of the rule of law for the consultation processes to be halted mainly due to a pending interlocutory application.

“There’s an application for an interlocutory injunction pending so why would anybody proceed. I will find it quite interesting and odd and indeed a height for a disregard for rule of law if they proceed in that manner.

“It is not my expectation; it is the expectation of the law. The law expects that such regard for due process be observed.

“And so, it will be actually a confirmation for their disregard for rule of law and I think that you should see the affidavit filed by the Attorney General,” he stated.

According to Dame, the affidavit filed by the Attorney General, Dr. Dominic Ayine gives credence to the fact that there was no intention to give a fair hearing to the Chief Justice.

“I will say that the Lord has an interesting way of exposing the hearts and true desires of men and indeed it is been evidence in the affidavit of the Attorney General that they did not intend to accord any right of hearing to the Chief Justice until the matter was filed and they indicated it in the affidavit so it is quite clear,” he added.

Read also: Supreme Court adjourns Chief Justice removal case indefinitely amid AG absence

Meanwhile the Supreme Court has adjourned indefinitely the hearing of the application challenging the procedures being used to determine a prima facie case for the potential removal of Chief Justice Gertrude Torkornoo.

The adjournment, announced on Wednesday, April 9, was prompted by the absence of the Attorney General’s office, significantly impacting the proceedings.

The case, initiated by Vincent Ekow Assafuah, Member of Parliament for Old Tafo, seeks to challenge the constitutional validity of President John Mahama’s decision to consult the Council of State on the matter without first seeking a response from the Chief Justice. Assafuah, represented by former Attorney-General Godfred Dame, argues that this oversight violates the Chief Justice’s right to a fair hearing and undermines judicial independence, citing Article 146(6) of the 1992 Constitution.

The court, presided over by Justice Henrietta Mensah Bonsu, was informed that the Attorney General’s office had requested an adjournment due to a scheduled training workshop for approximately 50 state attorneys, aimed at enhancing their representation at the ECOWAS Court.

This request, supported by two state attorneys, including a former Personal Assistant to Godfred Dame during his tenure as Attorney General, was granted as a matter of courtesy.

However, Godfred Dame expressed surprise at the absence of Attorney General Dr. Dominic Ayine and his deputy, Dr. Justice Srem-Sai, questioning the priority of the training over the court hearing. He had initially requested the court to adjourn the case to Monday, April 14th.

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Raphael Ghartey is a writer with editors.3news.com. Follow him on X, @ghartey_ralph and LinkedIn: Raphael Ghartey

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