The Supreme Court of Ghana has delivered a significant ruling in the case involving the suspension of Chief Justice Gertrude Araba Sackey Torkornoo by President John Dramani Mahama.
The case, which attracted national attention, was brought before the apex court by Member of Parliament for Old Tafo, Vincent Ekow Assafuah.
Below are the major highlights from the ruling:
1. Supreme Court dismisses reversal request
A five-member panel of the Supreme Court, chaired by Acting Chief Justice Paul Baffoe-Bonnie, dismissed the application filed by Vincent Ekow Assafuah seeking to overturn the suspension of Chief Justice Torkornoo. The decision was reached by a 3:2 majority.
2. Judges who voted and their positions
Justices Paul Baffoe-Bonnie, Yonny Kulendi, and Amadu Omoro Tanko voted to dismiss the application. Justices Ernest Gyaewu and Henrietta Mensah-Bonsu dissented.
3. Full dudgment to be released on May 21, 2025
The panel indicated that the full written judgment will be published later in the month, specifically on May 21, 2025.
4. Core argument by the MP
Vincent Ekow Assafuah argued that the petition against the Chief Justice, her suspension, and the establishment of a committee to probe the matter were all part of a calculated attempt to unconstitutionally remove her from office.
5. Allegations of political interference
In his filing, Assafuah presented evidence suggesting that key figures in the current administration had made prior statements indicating a desire to remove the Chief Justice. He cited statements from NDC officials such as Mustapha Gbande and Dr. Rashid Tanko-Computer as proof of alleged political bias.
6. Objection to reconstituted panel overruled
Former Attorney General Godfred Dame, who represented Assafuah, objected to the newly constituted panel, arguing that Acting Chief Justice Baffoe-Bonnie should not preside due to potential conflict of interest. However, the court unanimously dismissed the objection, stating that there was no merit in the claim.
7. Panel reconstitution explained
The original panel, which included Prof. Henrietta Mensah-Bonsu, was altered due to some justices now serving on the Chief Justice Removal Committee. Justices Samuel Asiedu, Yaw Asare Darko, and Richard Adjei Frimpong were replaced, while Justice Ernest Gyaewu retained his place on the new panel.
The ruling marks a crucial moment in Ghana’s judicial and constitutional landscape, especially as the country continues to navigate issues surrounding the independence of the judiciary and the separation of powers.
