The Supreme Court has scheduled Wednesday, May 28, 2025, to hear an injunction application filed by suspended Chief Justice Gertrude Torkornoo, seeking to halt proceedings by a five-member committee investigating petitions for her removal from office.
The interlocutory injunction, filed on May 21, 2025, aims to restrain the committee, constituted by President John Dramani Mahama, from continuing its work until the case is fully resolved.
Chief Justice Torkornoo is also requesting the apex court to bar two of its own justices, Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu, from participating in the hearings, citing concerns over impartiality.
In her affidavit, she argued that Justice Pwamang had previously adjudicated cases involving Daniel Ofori, one of the petitioners, and should not be part of a panel reviewing a petition to which he is a party.
She further contended that Justice Adibu-Asiedu had served on a Supreme Court panel that reviewed a related injunction application, potentially compromising his neutrality.
In addition, Justice Torkornoo questioned the constitutionality of the committee’s composition. She challenged the eligibility of its three remaining members, Daniel Yao Domelovo, Major Flora Bazwaanura Dalugo, and Professor James Sefah Dzisah, citing potential breaches of Articles 146(1), (2), (4), 23, and 296 of the Constitution, as well as the Oaths Act of 1972.
In a supplementary affidavit filed on May 26, 2025, she alleged that her fundamental rights were being violated.
According to her, the committee ignored the pending court case and continued to schedule hearings.
She also claimed she was subjected to distressing conditions during her appearance before the committee, including being searched, having her electronic devices confiscated, and being denied entry alongside her spouse and children.
Additionally, she raised concerns about the committee’s decision to permit third parties to testify on behalf of the petitioners rather than requiring the petitioners to present their own evidence.
In an affidavit filed the same day, Attorney General Dominic Akuritinga Ayine opposed the injunction, asserting that there is no legal basis to disqualify the two Supreme Court justices.
He also rejected claims that the committee members failed to take the required oaths, insisting they had fulfilled all necessary legal obligations.
The Supreme Court has already dismissed four suits challenging the petitions seeking the Chief Justice’s removal.
Following a determination of a prima facie case in three separate petitions, President John Dramani Mahama suspended Chief Justice Gertrude Torkornoo and established a five-member committee to investigate the matter.
In the interim, Supreme Court Justice Paul Baffoe-Bonnie has assumed the role of acting Chief Justice. His appointment aligns with Article 144(6) of the 1992 Constitution, which states that the most senior Justice of the Supreme Court shall act as Chief Justice when the position becomes vacant or when the incumbent is unable to perform their duties.
JKB/MA
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