The Supreme Court has unanimously dismissed an objection raised by former Attorney-General Godfred Yeboah Dame, who sought to disqualify Acting Chief Justice Paul Baffoe-Bonnie from presiding over an injunction application related to the removal process of Chief Justice Gertrude Torkornoo.
Dame had contended that Justice Baffoe-Bonnie could be personally affected by the outcome of the case and therefore should recuse himself.
However, Deputy Attorney-General Justice Srem-Sai countered the claim, describing it as a misinterpretation with no bearing on the judge’s impartiality.
Following an in-camera deliberation, the panel ruled against Dame’s objection, allowing Justice Baffoe-Bonnie to continue hearing the matter. The decision clears the path for the court to proceed with the substantive case regarding the challenge to the Chief Justice’s removal process.
Split Ruling on Injunction Application
In a related development, the Supreme Court delivered a 3-2 majority decision dismissing an application filed by Old Tafo Member of Parliament, Vincent Ekow Assafuah, which sought to halt actions connected to the suspension of Chief Justice Torkornoo.
Justices Mensah Bonsu and Ernest Gaewu dissented, indicating a divided opinion within the bench. The ruling effectively lifts any interim restrictions on the President’s actions concerning the removal process.
Reacting to the outcome, Assafuah maintained that the legal challenge was far from over. Speaking to journalists, he said the split decision demonstrated that the court acknowledged the merit in their arguments.
“It is not the end of the road. The 3-2 decision shows there’s recognition of the reasoning we presented. We’ll study the judgment and determine our next steps,” he said.
Meanwhile, President John Dramani Mahama has forwarded three petitions requesting the removal of Chief Justice Torkornoo to the Council of State, in line with Article 146 of the 1992 Constitution. A statement from the Presidency confirmed that the petitions were submitted by different individuals and the required constitutional processes are underway.
The Chief Justice has since responded to the petitions as required.
Earlier, Godfred Dame had argued that the President should pause the consultation process, citing the existence of a pending injunction application.
However, current Attorney-General Dr. Dominic Ayine refuted the claim, stating that no law bars the President from fulfilling his constitutional responsibilities in such matters.
“This is a clear constitutional duty. The law does not prevent the President from proceeding with it, regardless of pending court processes,” Dr. Ayine said.
