…Over CJ Torkornoo suspension
Former Minister for Justice and Attorney-General Godfred Yeboah Dame, who is not known for losing cases at the Supreme Court during the Akufo-Addo presidency, tasted two defeats yesterday, when the Court unanimously dismissed his objection to Acting Chief Justice, Paul Baffoe-Bonnie, presiding over an injunction application relating to the suspension of Chief Justice Gertrude Torkornoo.
Mr Dame, had argued that Justice Baffoe-Bonnie, had a conflict of interest, as the outcome of the proceedings could directly benefit him.
According to the former Attorney-General, the Acting Chief Justice, stood to gain from Chief Justice Torkornoo’s suspension, thereby making his continued role on the bench inappropriate.
However, Deputy Attorney-General Srem-Sai, rejected the claim, stating that the perceived benefit was a misconception and did not undermine Justice Baffoe-Bonnie’s impartiality.
“There is a misconception of personal benefit,” Mr Srem-Sai argued, insisting that the Acting Chief Justice’s role in the matter was not compromised by any direct or indirect gain.
Following a brief private deliberation, the Supreme Court panel unanimously dismissed Mr Dame’s objection, allowing Justice Baffoe-Bonnie to continue presiding over the injunction application.
This decision cleared the way for the substantive challenge to the Chief Justice’s removal process to proceed without further delay.
A five-member panel of the apex court, chaired by Justice Paul Baffoe-Bonnie, subsequently dismissed the application filed by Old Tafo MP, Vincent Ekow Assafuah, by a 3:2 majority decision.
Justices Baffoe-Bonnie, Yonny Kulendi, and Amadu Omoro Tanko, voted to dismiss the application. The dissenting judges were; Justices Ernest Gaewu and Henrietta Mensah-Bonsu.
Despite the setback, Mr Dame, later reiterated his disapproval of Justice Baffoe-Bonnie’s involvement in the case.
“I find it quite intriguing, to start with, that the Acting Chief Justice himself presided over the proceedings,” he said. “I find it very incongruous because, indeed, if there is any beneficiary from all of this, it is the Acting Chief Justice. He is a direct beneficiary.”
He described the situation as unprecedented and improper, noting that it was the same Acting Chief Justice who empanelled the bench and then chose to sit on it.
Mr Dame, also highlighted the significance of the close ruling.
“It’s a three-to-two decision—a very narrow margin. We will wait for the reasons, and when they come, we will advise ourselves. The narrowness of the decision itself clearly indicates the application had merit,” he said.
The panel chair, announced that the full judgment would be released on May 21, 2025.
Assafuah’s motion, filed on Thursday, April 24, 2025, sought to halt President John Dramani Mahama’s suspension of Chief Justice Torkornoo and stop any further steps under Article 146 of the Constitution, until a ruling is given on a related pending case.
Through his lawyers, Assafuah, also asked the court to restrain the committee of inquiry established by the President from proceeding with its probe into the petitions against the Chief Justice.
In his suit, the lawmaker described the petition, suspension, and establishment of the investigative committee as “a farce and the product of a preconceived orchestration to unconstitutionally remove the Chief Justice from office.”
Speaking on Channel One Newsroom, Mr Assafuah, hinted at a possible review of the ruling if the Court’s legal justification fails to persuade him.
“The Supreme Court says that on the 21st of May, the reasoning behind their ruling will be made available to us,” he stated. “When it is finally released, I will assess whether or not it holds water. If it does, I will let the matter rest. If it doesn’t, then I am likely to file for a review.”
Assafuah, also noted that two Supreme Court judges supported his position, saying this gave him some confidence in his legal arguments.
“Even before receiving the reasoning, it’s clear that two judges ruled in favour of my argument,” he said. “That gives me an indication that I am likely to return to the Supreme Court.”
