The Supreme Court has scheduled a hearing for April 2, 2025, to consider an injunction application filed by the New Patriotic Party (NPP) Member of Parliament for Old Tafo, Vincent Assafuah. The application seeks to halt the procedure being used by the President to potentially remove Chief Justice Gertrude Torkonoo from office.
The Chief Justice recently wrote to the President, requesting copies of the three petitions seeking her removal. She also demanded a fair opportunity to respond to the allegations against her before further steps are taken. In her letter, Chief Justice Torkonoo requested that the President forward the petitions to her, allowing her at least seven days to provide a response.
Assafuah’s suit argues that the President must notify the Chief Justice and obtain her comments before consulting the Council of State on the matter. The plaintiff seeks several declarations from the Supreme Court, including that the President’s failure to notify the Chief Justice violates Article 146(6) of the Constitution.
The Minister for Government Communications, Felix Ofosu Kwakye, confirmed that the three petitions have been forwarded to the Council of State, which will review them and provide guidance to the President. The specific grounds for the petitions remain undisclosed, but the process marks the first step in a constitutional procedure that could lead to significant changes in Ghana’s judiciary.
Assafuah, acting as a concerned citizen, invoked the original jurisdiction of the Supreme Court, seeking declarations regarding the interpretation of constitutional provisions governing the removal of a Chief Justice. The plaintiff requests the court to declare that the President must notify the Chief Justice and obtain their comments before referring a removal petition to the Council of State.
