Supreme Court Throws Out Another Case Against Chief Justice Torkonoo’s Impeachment Process

• The Supreme Court has dismissed another injunction application seeking to halt the impeachment of Chief Justice Gertrude Torkornoo.
• This is the second time the Supreme Court has dismissed an injunction application seeking to halt the impeachment process
• Torkornoo is currently on suspension after a petition to have her removed was deemed to be substantial

The Supreme Court has dismissed another injunction application seeking to halt the impeachment process against the Chief Justice, Gertrude Torkornoo.

In a 4-1 majority decision on May 21, the court held that the application from the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) was baseless.

3News reported that Acting Chief Justice Paul Baffoe-Bonnie headed the panel of judges.

This is the second time the Supreme Court has dismissed an injunction application seeking to halt the impeachment process, with the first one being an application by the Member of Parliament for Old Tafo Panrono, Vincent Ekow Assafuah

CenCes, a civil society organisation, filed a writ at the Supreme Court arguing that the manner in which the impeachment process of the Chief Justice had been handled was against due process.

It therefore wanted the Supreme Court to put on hold the work of the five-member committee probing the petitions against the Chief Justice pending the final determination of the substantive writ.

Making a case for the injunction application, counsel for CenCES , Jacob Acquah-Sampson, argued that President Mahama failed to provide Justice Torkornoo with the prima facie determination made by him in consultation with the Council of State, leading to the setting up of the committee and the suspension.

In response, the Deputy Attorney General, Dr Justice Srem-Sai, described the application as speculative and an abuse of the court process, urging the court to dismiss it.

Torkonoo suspended

President John Mahama suspended Torkonoo after the allegations against her in a petition were found to have substance.

The suspension marked a first in Ghana's history, and a committee has been established to investigate the claims against the Chief Justice.

Chief justices in Ghana enjoy security of tenure and can only be removed from office on grounds of stated misbehaviour, incompetence, or incapacity due to infirmity.

However, Article 146 of the 1992 Constitution of Ghana governs the removal of a chief justice.

Copies of three initial petitions against Torkornoo were not made available to her, and this has formed the basis of attempts to challenge the removals.

In April, the Office of the President received more petitions for the removal of Torkornoo.

Some opposition parties held a demonstration on May 5 to protest the suspension of the Chief Justice.

Mahama petitioned to remove Jean Mensa

YEN.com.gh also reported that the President was petitioned to sack Jean Mensa as the Electoral Commission chairperson.

The petition filed on January 27 also called for the removal of Dr Bossman Eric Asare and Samuel Tetteh.

It cited a breach of fundamental human rights under Article 42 of the Constitution.

Source: YEN.com.gh