BY Daniel Bampoe
A major legal showdown is brewing at Supreme Court following a motion filed by the Member of Parliament for Old Tafo, Vincent Ekow Assafuah, challenging the legality of the recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
The suit, filed at the Supreme Court on April 23, 2025, seeks an interlocutory injunction to halt all ongoing proceedings related to the Chief Justice’s removal, which were triggered by President John Mahama.
Ekow Assafuah’s application, filed through his lawyers at Dame & Partners, argues that the President’s actions violate several provisions of the 1992 Constitution and threaten judicial independence.
Central to the MP’s argument is that the Chief Justice was never informed of the petitions submitted against her, nor was she given an opportunity to respond before the President initiated consultations with the Council of State and subsequently suspended her.
The application contends that such a process constitutes a breach of the Chief Justice’s right to a fair hearing under Articles 23 and 296 of the Constitution.
It also points to a violation of Article 146(6), which mandates that a petition against a Justice of the Superior Court, including the Chief Justice, must be considered for a prima facie case by the President in consultation with the Council of State only after the affected justice is notified and allowed to respond.
Ekow Assafuah’s motion seeks several orders from the Supreme Court, including:
1. An order restraining any further steps toward the Chief Justice’s removal until the substantive case is heard and determined.
2. A suspension of the President’s suspension directive under Article 146(10).
3. A declaration that the current process undermines judicial independence and is unconstitutional.
According to court documents, the petitions were received by the President as far back as February 2025, yet the Chief Justice was not informed until a press release in late March, nearly six weeks later.
This press release, according to the suit, served as the first public indication that a process was underway — a move Assafuah characterizes as premeditated and politically driven.
The motion also references various public comments and media statements made by members of the ruling National Democratic Congress (NDC), including senior party officials and presidential appointees, which it claims reveal a deliberate plot to oust the Chief Justice and install a “non-partisan” replacement aligned with the government’s interests.
In particular, the suit cites remarks by Deputy General Secretary of the NDC, Mustapha Gbande, and Dr. Rashid Tanko-Computer, Deputy Director of Elections and IT of the NDC, both of whom reportedly welcomed the suspension and publicly declared that the Chief Justice would “surely be removed.”
The MP’s legal team argues that allowing the current process to continue would not only cause irreparable harm to the Chief Justice but also deal a fatal blow to the integrity of Ghana’s judiciary.
The suit describes the suspension and establishment of the five-member inquiry committee as a “charade” intended to rubber-stamp a predetermined outcome.
Observers say the case could have significant implications for the balance of power between the Executive and Judiciary in Ghana.
Legal analysts and civil society organizations are watching closely, with some expressing concern that the unfolding events mark one of the most direct assaults on judicial independence in the country’s democratic history.
The Supreme Court is expected to schedule a hearing on the injunction application in the coming days.
If granted, it could stall President Mahama’s efforts to remove the Chief Justice and force a re-evaluation of the constitutional procedures for handling such high-level judicial complaints.
Meanwhile, the Office of the Attorney-General, named as the defendant in the case, is expected to file a formal response opposing the injunction.
