CJ removal: Mahama is performing his constitutional duty –AG 

The political and legal tensions surrounding the potential removal of Ghana’s Chief Justice, Gertrude Torkornoo, intensified on Wednesday, as Attorney General Dr. Dominic Ayine publicly defended President John Dramani Mahama’s actions, asserting they are constitutionally grounded.

AG defends presidential action

Speaking to journalists after the Supreme Court’s latest adjournment in the high-profile case, Dr. Ayine pushed back against criticisms by his predecessor, Godfred Yeboah Dame, who argued that the President should suspend his ongoing consultations with the Council of State regarding the possible removal of the Chief Justice.

Dr. Ayine emphasized that the President’s actions are not only appropriate but constitutionally mandated. “The consultation process initiated by the President constitutes the performance of a constitutional duty which cannot be stopped,” he said, stressing that no legal action should obstruct the execution of duties laid out in Ghana’s Constitution.

Former AG’s position sparks legal debate

The legal rift between the two high-ranking legal minds—Ayine and Dame—was brought to the fore after Dame suggested that President Mahama pause his consultation process due to pending legal proceedings. According to Dame, the President should await the Supreme Court’s ruling before proceeding, citing the importance of respecting ongoing judicial processes.

His comments followed a suit filed by Vincent Ekow Assafuah, MP for Tafo, challenging the legality of the President’s referral of three petitions to the Council of State without notifying the Chief Justice.

Supreme Court adjourns to May 6

Amid heightened public interest, the Supreme Court on Wednesday adjourned the hearing of the injunction application that aims to block the President’s actions. The panel, chaired by Her Ladyship Prof. Henrietta Mensa-Bonsu, cited “unavoidable reasons” for the delay, rescheduling the matter to May 6.

The five-member panel includes Justices Ernest Yao Gaewu, Richard Adjei-Frimpong, Samuel Kwame Adibu-Asiedu, and Yaw Darko Asare, alongside Justice Mensa-Bonsu. Sources suggest that the absence of one of the panel members contributed to the adjournment.

Background 

The legal action stems from accusations that President Mahama violated constitutional procedures when he began consultations with the Council of State regarding petitions for the removal of the Chief Justice. The petitions in question were reportedly submitted without the knowledge of Chief Justice Torkornoo, raising concerns about due process and procedural fairness.

MP Vincent Ekow Assafuah, who initiated the legal challenge, claims the President’s steps undermine the principles of justice and transparency enshrined in the Constitution.

Political and legal stakes remain high

With both legal heavyweights and top political figures entrenched in their positions, the case is shaping up to be a significant constitutional test for Ghana’s judiciary and executive. The May 6 hearing is expected to clarify whether the President can proceed with the process or must pause pending judicial review.

As the nation watches closely, questions of law, politics, and constitutional interpretation will continue to dominate public discourse, setting the stage for what could be a landmark ruling in Ghana’s democratic journey.