The Supreme Court of Ghana has indefinitely adjourned a high-profile case challenging three petitions seeking the removal of Chief Justice Gertrude Torkornoo. The case, filed by Old Tafo MP Vincent Ekow Assafuah, centers on alleged procedural breaches in the process initiated by President John Mahama to address the petitions.
The adjournment, announced on Wednesday, April 9, was attributed to the absence of the Attorney General, Dr. Dominic Ayine. Dr. Ayine had requested an adjournment of all his cases between April 7 and April 10, citing a mandatory training workshop for lawyers at the Office of the Attorney General. Justice Henrietta Mensah Bonsu, presiding over the hearing, granted the request and postponed the case without setting a new date.
Former Attorney General Godfred Yeboah Dame, representing the plaintiff, expressed frustration at the adjournment. He highlighted the absence of both Dr. Ayine and his deputy, Dr. Justice Srem-Sai, as surprising given the significance of the case. Mr. Dame proposed that the hearing resume on Monday, April 14, but the court declined to announce a specific date for the next session.
Key Issues in the Case
At the heart of the legal battle is a constitutional dispute over the process for removing a sitting Chief Justice. The petitioner, Vincent Ekow Assafuah, argues that Chief Justice Torkornoo was not given an opportunity to respond to the allegations against her before the President consulted the Council of State, as required under Article 146(6) of the 1992 Constitution. He contends that this omission undermines the principles of natural justice and judicial independence.
The case also raises broader questions about the constitutional framework for addressing petitions against high-ranking judicial officers. The Supreme Court was expected to provide clarity on whether the actions of former President Mahama complied with constitutional requirements, a ruling that could have significant implications for the judiciary’s autonomy and the rule of law.
Current Status
Chief Justice Torkornoo has since responded to the petitions, meeting the 10-day deadline set by former President Mahama. However, the indefinite adjournment leaves the resolution of the case hanging, adding to the uncertainty surrounding the petitions and the broader implications for Ghana’s judicial system.
Observers await the Supreme Court’s next steps, as the outcome of this case could set a critical precedent for handling allegations against the judiciary’s highest office.
Story by: Mercy Addai Turkson #ahotoronline.com
