Supreme Court dismisses another suit against CJ removal process

The Supreme Court dismissed an application by the Centre for Citizenship, Constitutional, and Electoral Systems today by a 4-1 majority decision.

The application is seeking to halt processes triggered by President John Mahama for the removal of the Chief Justice Gertrude Torkornoo.

The five-member panel that heard the matter today are Justices Paul Baffoe-Bonnie (Presiding), Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie and Yaw Asare Darko; Justice Yaw Asare Darko dissenting.

The application was deemed as unmeritorious and subsequently dismissed by the Supreme Court.

This is the second suit on the same matter to have been dismissed by the Supreme Court panel on the same day.

CenCES had argued that the President’s action violated constitutional provisions and sought an order to invalidate both the suspension and the ongoing proceedings by the committee of inquiry.

However, the apex court upheld the President’s decision, allowing the committee’s work to continue.

Key Reliefs Sought

Mr Atta-Quartey was seeking five major reliefs from the Supreme Court:

A declaration that under Articles 23, 146(6), and 296(b) & (c) of the Constitution, the President’s discretionary authority to determine the existence of a prima facie case for removing the Chief Justice must be regulated by a published constitutional instrument.

A declaration that the Council of State’s advisory role in such matters must also be governed by a transparent and codified process, subject to a constitutional instrument.

A declaration that the committee of inquiry’s proceedings under Article 146(6) must follow clearly defined procedures, powers, and limitations set out in a constitutional instrument.

An order nullifying all proceedings related to the removal petitions, including the President’s prima facie determination, the suspension of the Chief Justice, and the formation of the inquiry committee, on grounds that they violate Articles 296(c) and 11(7) of the Constitution.

Any other orders or reliefs the Court deems necessary to protect the institutional independence of the Judiciary.

The President’s suspension of the Chief Justice was announced in a statement issued by the Minister in charge of Government Communications, Felix Kwakye Ofosu.

The action followed three separate petitions seeking her removal, with the President acting in accordance with Article 146(10) of the Constitution.