Attorney General and Minister of Justice, Dr. Dominic Ayine, has been served with an injunction application seeking to restrain President John Mahama from proceeding with the removal process of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The application, filed by a Ghanaian citizen, Ebenezer Osei-Owusu, contends that the President’s decision to forward three petitions seeking the removal of the Chief Justice to the Council of State without furnishing her with copies of the petitions is unconstitutional and violates her right to a fair hearing.
According to the applicant, this action is a clear breach of the principles of natural justice and the rule of law.
The applicant argues that the President’s actions are contrary to the spirit of articles 146(1), (2), (6), and (8) of the 1992 Constitution of Ghana.
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These provisions outline the procedures for the removal of a Chief Justice, emphasizing the importance of fairness, transparency, and due process.
The applicant also relies on the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006, which reinforces the need for the Chief Justice to be heard before any removal process can commence.
In a separate letter, the Chief Justice has also requested copies of the petitions from the President, stating that she has not been served with the petitions despite the Presidency’s disclosure of the development.
This request underscores the Chief Justice’s desire to be heard and to respond to the allegations made against her.
The injunction application is scheduled to be moved at the Supreme Court on April 2, 2025.
If granted, it would halt the removal process until the determination of the substantive suit.
This would provide the Chief Justice with the opportunity to respond to the petitions and to defend herself against the allegations made against her.
In a related development, another application along the same lines was filed by the Member of Parliament for Old Tafo in the Ashanti Region, Vincent Ekow Assafuah.
This application reinforces the concerns about the constitutionality of the President’s actions and the need for the Chief Justice to be heard.
The development has sparked intense interest in the legal and political implications of the petitions, with many Ghanaians eagerly awaiting the outcome.
The case has significant implications for the rule of law, the independence of the judiciary, and the integrity of the constitutional process.
