SC dismisses Assafuah’s injunction application against CJ’s removal process

In a decision that has sparked national debate, the Supreme Court has, by a 3-2 majority, dismissed an interlocutory injunction filed by Old Tafo MP, Vincent Ekow Assafuah, aiming to halt the removal process and suspension of Chief Justice Gertrude Torkornoo.

The closely split ruling saw Acting Chief Justice Paul Baffoe-Bonnie, Justices Yonny Kulendi and Amadu Tanko siding with the majority to dismiss the injunction. In contrast, Justices Henrietta Mensah Bonsu and Ernest Gaewu dissented, showing the divided views even among the country’s top judicial minds.

Though the court did not immediately disclose its full reasoning, it announced that detailed explanations behind the decision would be made public on May 21, 2025.

The petitions that shook the judiciary
Chief Justice Gertrude Torkornoo’s suspension followed petitions alleging misconduct and administrative impropriety. The complaints were submitted by private citizen Daniel Ofori, senior police officer Ayamga Akolgo, and civil society group Shining Stars of Ghana.

President John Dramani Mahama acted on the advice of the Council of State, suspending the Chief Justice on April 22, 2025, after a prima facie case was established. This paved the way for the formation of a five-member committee to investigate the allegations.

Assafuah’s legal challenge
Assafuah, represented in court by former Attorney General Godfred Yeboah Dame, had sought to block the process entirely. His motion requested that the President be restrained from proceeding with the referral of the petition or requiring a response from the Chief Justice. The MP argued that the due process had not been properly followed and that the independence of the judiciary was at stake.

The court’s rejection of this application clears the path for the investigative committee to continue its work.

Observers await the court’s full reasoning on May 21 with great anticipation, as it may set a precedent for how future high-level judicial misconduct cases are handled in Ghana.