Old Tafo MP seeks Supreme Court injunction against CJ suspension
By DL News
Published
2 min read
The MP contends that the President’s action bypassed due legal procedures, especially given that there was an ongoing court application at the time of the suspension.
Vincent Ekow Assafuah, the Member of Parliament for Old Tafo in the Ashanti Region, has initiated legal proceedings at the Supreme Court to contest the suspension of Chief Justice Gertrude Torkornoo by President John Dramani Mahama.
The MP contends that the President’s action bypassed due legal procedures, especially given that there was an ongoing court application at the time of the suspension. In a suit filed on Thursday, April 24, Assafuah is urging the apex court to reverse the decision, claiming it undermines the rule of law.
The reliefs sought by the lawmaker include:
A directive halting any further steps or actions related to the removal of the Chief Justice under Article 146 until the matter is fully adjudicated.
An order to suspend the execution of the President’s warrant for the Chief Justice’s suspension pending the final outcome of the case.
Any other relief the Court deems appropriate.
President Mahama had directed the Chief Justice to step aside after a five-member investigative committee was constituted to probe three petitions lodged against her. Reports indicate that two additional petitions have since been submitted.
In defending the suspension, the presidency pointed to Article 146(6) of the 1992 Constitution, which allows for the setting up of a committee to investigate allegations against a superior court judge once a prima facie case is established. The President reportedly acted upon advice from the Council of State.
However, Assafuah, represented in court by former Attorney-General Godfred Yeboah Dame, argues that the Chief Justice was not informed of the allegations prior to the President consulting the Council of State—an omission he considers a breach of procedural fairness.
The MP had earlier filed a motion challenging the legality of forwarding the petitions without notifying the Chief Justice, calling it a disregard for her right to respond before any formal consultation could occur.
According to the suit, the president’s actions exhibit “utter contempt for due process and the rule of law,” especially since an application for an injunction was pending before the court. merit.
The injunction application is yet to be listed for hearing.
