Ghana’s Supreme Court has dismissed an injunction application seeking to halt proceedings related to the suspension of Chief Justice Gertrude Torkornoo. The closely split 3–2 decision clears the path for the substantive case to proceed, but has sparked debate over judicial independence and due process.
The application, filed by Vincent Ekow Assafuah, MP for Old Tafo, sought to stop the proceedings until constitutional questions around judicial impartiality were resolved. Represented by former Attorney General Godfred Yeboah Dame, the legal team argued that allowing the process to continue while these concerns linger could harm public trust in the judiciary.
Speaking to JoyNews after the ruling, Mr. Dame highlighted the significance of the dissenting opinions. “The 3–2 narrowness of the decision itself indicates clearly that the application no doubt had merit,” he stated, adding that they will await the Court’s full reasoning, expected on May 21, before determining next steps. He emphasized that “if anyone benefits from these developments, it is the Acting Chief Justice,” describing the situation as “incongruous in our judicial history.”
Central to the legal concerns raised was the role of Acting Chief Justice Paul Baffoe-Bonnie, who empaneled and presided over the case. Dame objected to his participation, calling it procedurally improper given that the matter involves the substantive Chief Justice. However, the Court unanimously overruled that objection, ruling that there were no legal grounds barring the Acting CJ from overseeing the proceedings.
Mr. Assafuah, also reacting to the ruling on JoyNews, said the legal team does not see this as the end of the road. “Let’s get the reasoning first. The 3–2 ruling suggests that the Supreme Court itself sees some reasoning in the arguments we made in court,” he said.
The majority of the Court ruled that the injunction lacked sufficient legal basis to delay the process, while Justices Henrietta Mensa Bonsu and Ernest Gaewu dissented, aligning more closely with the applicants’ arguments about judicial neutrality.
The full judgment on the injunction is scheduled for release on May 21, 2025.
