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The Supreme Court (SC), Ghana’s highest court, has postponed indefinitely a lawsuit brought by Mr. Vincent Ekow Assafuah, a Member of Parliament (MP) from Old Tafo, contesting the procedure to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office.
The absence of some 50 State Attorneys who were attending a training session to improve their capacity to represent the State at the ECOWAS Court caused the case, which was supposed to be heard on Wednesday, April 9, 2025, to be adjourned.
Two state attorneys responded by requesting an adjournment as a courtesy to the court, one of whom was Godfred Dame’s former personal assistant during his time as attorney general.
However, Vincent Ekow Asafuah, the plaintiff in the case, was represented by Godfred Yeboah Dame, who expressed amazement at Attorney General Dr. Dominic Ayine and his deputy, Dr. Justice Srem-Sai, choosing to skip work because of a state attorney training program.
After that, Godfred Dame asked the court to postpone the matter until Monday, April 14.
The plaintiff is asking the Supreme Court to rule that the president has violated the Constitution by consulting the Council of State on the Prima Facie determination without first requesting the Chief Justice’s judgment.
Judge Henrietta Mensah Bonsu presided over the court, which nevertheless chose to postpone the case indefinitely.
Mr. Assafuah is requesting a ruling that, in accordance with Article 146(6) of the 1992 Constitution, the President cannot begin talks with the Council of State until the Chief Justice has had a chance to address the accusations.
Mr. Assafuah, who is being represented by former Attorney-General Godfred Yeboah Dame, contends that the Chief Justice’s right to a fair hearing is violated and judicial independence is compromised by not informing her in advance.
A private citizen has also filed a similar lawsuit before the Supreme Court.
Regarding the removal of a sitting Chief Justice, the Court was supposed to decide whether the President’s conduct complied with the constitutional provisions.
As of right now, no new date has been announced, thus it is unknown when the hearing will resume.
Following the receipt of three petitions demanding the removal of the Chief Justice, the lawsuit contests the constitutional process that President John Mahama followed.
Source: Ghanatodayonline.com
