The Attorney-General has opposed an application by Old Tafo Member of Parliament Vincent Ekow Assafuah seeking leave from the Supreme Court to discontinue his suit challenging the process that led to the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office.
In an affidavit in opposition filed on June 17, 2026, the Attorney-General argued that the application to withdraw the suit was “far belated”, noting that pleadings had already been settled, issues filed, and the case consolidated with another suit brought by Theodore Kofi Atta-Quartey.
The affidavit, sworn by Administrative Secretary Mary Yeboah on behalf of the Attorney-General, further stated that the Supreme Court had several weeks earlier adjourned the consolidated matter for final judgment, making the application for leave to discontinue inappropriate.
Assafuah had argued in support of his motion that the removal of Justice Torkornoo from office rendered the issues in the suit moot.
However, the Attorney-General disagreed, maintaining that the removal of the former Chief Justice does not diminish the significance of the constitutional questions raised.
According to the affidavit, the Supreme Court retains the authority to declare the removal void altogether should it ultimately uphold the claims made by the plaintiff.
The Attorney-General also argued that even if the Court were to conclude that the issues had become moot, it nevertheless has jurisdiction to determine the matter because the foundational constitutional questions are capable of recurring.
The State is therefore asking the apex court to summarily dismiss the motion seeking leave to discontinue the suit.
The case is a constitutional challenge initiated by Assafuah against the process that culminated in the removal of Justice Gertrude Torkornoo as Chief Justice. The suit was subsequently consolidated with a separate action filed by Theodore Kofi Atta-Quartey.
On June 10, 2026, Assafuah filed a motion on notice seeking leave to discontinue his action. The application came after Justice Torkornoo’s removal from office.
In its response, the Attorney-General insists that the advanced stage of the proceedings and the importance of the constitutional issues involved warrant a substantive determination by the Supreme Court rather than an abrupt termination of the case.