The Supreme Court of Ghana has, by a narrow 3-2 majority, dismissed an interlocutory injunction that sought to halt the suspension of Chief Justice Gertrude Sackey Torkornoo by President John Dramani Mahama.
The application was filed by Vincent Ekow Assafuah, Member of Parliament for Old Tafo, who challenged the legality and procedure of the President’s decision. The court, however, ruled in favour of allowing the constitutional process to proceed, with Justices Paul Baffoe-Bonnie (acting Chief Justice), Emmanuel Yonny Kulendi, and Tanko Amadu forming the majority. Dissenting were Justices Professor Henrietta Mensa-Bonsu and Ernest Gaewu.
The court indicated that its full reasoning will be made available on May 21, 2025.
Recusal Attempt Rejected
Earlier in the proceedings, the Supreme Court unanimously dismissed a separate objection raised by Mr. Assafuah’s counsel, former Attorney-General Godfred Yeboah Dame, seeking the recusal of Justice Paul Baffoe-Bonnie from the panel. Mr. Dame had argued that the acting Chief Justice stood to benefit from the suspension of the substantive Chief Justice and therefore had a conflict of interest.
In rejecting the objection, the five-member panel emphasized that the position of Acting Chief Justice—established under Article 144(6) of the 1992 Constitution—is a temporary constitutional assignment, not a personal gain, and that Justice Baffoe-Bonnie had no personal interest in the matter.
“The objection is unmeritorious and consequently overruled,” the court declared.
Deputy Attorney-General Dr. Justice Srem-Sai, representing the State, described the objection as legally unsound. He argued that the subject of the proceedings was the substantive Chief Justice, not the acting one, and that the claim of potential bias was misplaced.
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“This case involves the removal of the substantive Chief Justice—not the Acting Chief Justice. There is no personal interest at play, and therefore the objection lacks merit,” he told the court.
Implications and Next Steps
The Supreme Court’s dismissal of the injunction clears the path for President Mahama’s decision to suspend Justice Torkornoo to remain in force, pending further constitutional review or proceedings. Legal analysts say the ruling affirms the judiciary’s role in upholding constitutional order, even in sensitive cases involving high-ranking officials.
The official reasons behind the Court’s decisions are expected to offer more clarity on the constitutional interpretation that underpinned Tuesday’s judgments.
