The Supreme Court, in a 3-2 majority decision, has dismissed a petition filed by Old Tafo MP, Vincent Ekow Assafuah, seeking to halt the removal of Chief Justice Gertrude Torkornoo and reinstate her to office.
Acting Chief Justice Paul Baffoe-Bonnie, together with Justices Yonny Kulendi and Amadu Tanko, ruled against the injunction request.
However, Justices Henrietta Mensah Bonsu and Ernest Gaewu dissented, resulting in a 3-2 split decision by the Apex Court.
The Supreme Court stated that a detailed explanation of the ruling will be made publicly available on May 21, 2025.
Earlier, the panel unanimously overruled an objection raised by former Attorney-General and counsel for Vincent Assafuah, Godfred Yeboah Dame, regarding the participation of Acting Chief Justice Paul Baffoe-Bonnie in the case.
Dame argued that Justice Baffoe-Bonnie’s decision to empanel and preside over the matter was “unprecedented” and improper, citing concerns of conflict of interest and potential harm to the perceived independence of the Judiciary.
“It important that justice must not be seen to be done but must be manifestly seen to be done,” he added
However, Deputy Attorney-General Justice Srem-Sai opposed the objection, describing Dame’s claims as unfounded. He asserted that the allegation of “personal benefit” was misconceived and did not compromise Justice Baffoe-Bonnie’s ability to preside over the matter.
Following internal consultations, the Court unanimously ruled that the objection lacked merit and did not disqualify Justice Baffoe-Bonnie from participating in the proceedings.
The Court ruled that Baffoe-Bonnie’s position as the Acting Chief Justice was created under Article 144 (6) of the 1992 Constitution and the occupants of the office could not be said to have a personal interest hence the decision that ” The Objection is unmeritorous and consequently overruled”.
Story by: Salomey Barnor