The Supreme Court has struck out the injunction application filed by Old Tafo MP Vincent Assafuah against the petition to remove Chief Justice Gertrude Sackey Torkornoo, TV3’s Laud Adu Asare, who was in court, reported.
This was after Godfred Dame, lawyer for the Old Tafo MP, Vincent Ekow Assafuah, withdrew the suit which sought the apex court to injunct the President from forwarding the petition to the Council of State.
Prior to the dismissal, the Supreme Court had by a unanimous decision, dismissed the objection raised by Godfred Dame against Acting Chief Justice Paul Baffoe Bonnie in the case against a petition to remove the Chief Justice Getrturde Torkornoo.
According to the apex court, the issue raised by Dame did not disqualify Justice Baffoe-Bonnie from presiding over the proceedings, and that due judicial process would be upheld throughout the case.
Godfred Dame had raised an objection against the Acting Chief Justice, Justice Paul Baffoe Bonnie, in the case against the petition seeking to remove the Chief Justice Gertrude Torkornoo.
During proceedings in court on Tuesday May 6, Godfred Dame argued Justice Baffoe-Bonnie cannot be the president of the panel because he stands to be directly affected by the outcome of the proceedings, an argument that was rejected by Deputy Attorney-General Justice Srem Sai.
The court is currently deliberating to decide on the objection.
At last sitting, the panel of four sitting instead of five, chaired by Justice Osei Bonsu, noted that the adjournment had been occasioned due to “unavoidable reason”.
Justice Samuel Asiedu, the fifth member of the panel, was absent when the case was called on Wednesday, April 16.
Former Attorney General Godfred Yeboah Dame, had earlier averred that the president ought to hold on with the consultation processes with the Council of State.
He noted that the law prohibits the continuation of court processes when there’s an injunction application.
President John Dramani Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution.
A statement from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that the petitions had been submitted by various individuals, urging the President to take action against the Chief Justice.
Following constitutional procedures, President Mahama has referred the matter to the Council of State to begin the consultation process required before any further action can be taken.
The Chief Justice subsequently responded to the petition.
“He needs to understand that this is the performance of a constitutional duty and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” the A-G noted.
