Supreme Court Addresses Objections Regarding Chief Justice Impeachment Case
The Supreme Court of Ghana has dismissed the application for the reversal of the suspension of Chief Justice Gertrude Torkornoo by President John Dramani Mahama. The five-member panel of the apex court, chaired by Acting Chief Justice Justice Paul Baffoe-Bonnie, dismissed the petition filed by MP Vincent Ekow Assafuah by a 3:2 majority. Justices Baffoe-Bonnie, Yonny Kulendi, and Amadu Omoro Tanko voted for the dismissal, while Justices Ernest Gyaewu and Henrietta Mensah-Bonsu dissented. The full judgment is set to be released on May 21, 2025.
Assafuah's motion sought to halt Justice Torkornoo’s suspension, claiming the petition against her and the subsequent investigation were a “farce” to unconstitutionally remove her from office. He alleged that President Mahama and his administration had previously attacked the judiciary and intended to remove Justice Torkornoo, citing statements from presidential appointees.
Before the judgment, former Attorney General Godfred Dame, representing Assafuah, objected to Acting Chief Justice Paul Baffoe-Bonnie presiding over the case, arguing that he was directly affected by the outcome. Deputy Attorney General Justice Srem Sai countered that there was no personal benefit to the Acting Chief Justice. The court unanimously overruled Dame’s objection.
Dame has also criticized the suspension process as a “charade” and an “egregious violation” of Ghana’s Constitution, arguing that Chief Justice Torkornoo was not promptly notified of the petitions seeking her removal. He stated that it undermines the principles of natural justice and transparency.
President Mahama's decision to suspend Justice Torkornoo was based on three petitions for her removal, which he determined established a prima facie case. He forwarded these petitions to the Council of State for advice, following constitutional procedures.
Assafuah stated he is awaiting the Supreme Court’s reasoning for dismissing his case to determine his next course of action. He believes the 3-2 decision suggests the court sees merit in his arguments.
