Supreme Court dismisses second bid to halt CJ removal process

The Supreme Court has, for the second time, dismissed an injunction application aimed at stopping the ongoing impeachment proceedings against the Chief Justice, Justice Gertrude Sackey Torkornoo.

In a majority ruling delivered on Tuesday, May 21, the court found no merit in the application brought forward by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES), a civil society organisation.

The five-member panel, presided over by Acting Chief Justice Justice Paul Baffoe-Bonnie, ruled 4-1 against the injunction request. Justices Issifu Omoro Tanko Amadu, Emmanuel Yonny Kulendi, and Henry Anthony Kwofie joined Justice Baffoe-Bonnie in the majority. Justice Yaw Darko Asare dissented.

This marks the second time the apex court has rejected attempts to pause the Chief Justice's impeachment process. The first attempt came from Old Tafo Panrono MP, Vincent Ekow Assafuah, whose similar application was also denied.

CenCES had filed a writ at the Supreme Court challenging the constitutionality of the process leading to the impeachment of the Chief Justice. The organisation argued that due process had been violated and that the actions taken so far undermined several provisions of the 1992 Constitution.

Specifically, CenCES asked the court to suspend the activities of the five-member investigative committee probing the petitions against Justice Torkornoo until the main case was heard and decided.

Presenting arguments in court, CenCES' legal representative, Jacob Acquah-Sampson, claimed that President John Mahama had failed to furnish the Chief Justice with the prima facie determination he made in consultation with the Council of State—an omission he said tainted the legitimacy of the proceedings and subsequent suspension.

But Deputy Attorney-General Dr. Justice Srem-Sai countered those claims, describing the application as speculative and an abuse of judicial process. He maintained that the constitutional procedures for initiating the impeachment had been fully respected, including the provision of the prima facie findings to all legally entitled parties.

Tuesday’s ruling further solidifies the legal ground on which the impeachment proceedings are moving forward, as the investigative committee continues its work despite persistent legal challenges.