Member of Parliament for Old Tafo, Ekow Vincent Assafuah, has moved to challenge the suspension of Chief Justice Gertrude Torkornoo, filing an application at the Supreme Court to injunct the presidential decision.

The notice of motion, dated April 24, is a direct response to President John Dramani Mahama’s April 22 suspension of the Chief Justice, which was carried out in line with Article 146(6) of the 1992 Constitution after consultations with the Council of State and a determination that a prima facie case existed.

According to Mr Assafuah, the process that led to the Chief Justice’s suspension violated constitutional provisions, as she was not informed of the petitions nor given an opportunity to respond before the President engaged the Council of State.

“The thrust of the instant action is that the consultations initiated by the President with the Council of State to determine whether a prima facie case is disclosed in the three petitions against the Chief Justice, when the Chief Justice had not been notified of the petitions, was in flagrant violation of the Constitution and renders the whole process under article 146 null, void and of no effect,” his suit reads.

He further described the actions taken thus far, including the formation of an investigative committee, as “a farce and the product of a pre-conceived orchestration to unconstitutionally remove the Chief Justice from office.”

Proceedings in the matter have faced delays. The Supreme Court has adjourned the suit to May 6, 2025, marking the second postponement. A previous hearing on April 9 was pushed to April 16 because state attorneys were away for a training programme preparing them to represent Ghana at the ECOWAS Court. The latest adjournment was due to the unavoidable absence of a panel member.

Mr Assafuah has named the Attorney General and Minister of Justice, Dr Dominic Akurutinga Ayine, as a defendant in the suit, urging the court to rule on several constitutional interpretations.

He is seeking a declaration that the President, in accordance with articles 146 (1), (2), (4), (6), and (7), as well as articles 23, 57(3), and 296, was constitutionally obligated to notify the Chief Justice of the petitions and solicit her response prior to consulting the Council of State.

He argues that failure to do so undermines the Chief Justice’s security of tenure under article 146(1), infringes on the independence of the judiciary guaranteed under article 127(1) and (2), and violates her right to a fair hearing enshrined in articles 23 and 296.

Mr Assafuah is therefore asking the apex court to nullify the President’s actions and all subsequent steps taken towards the removal of Justice Torkornoo, asserting that the entire process is constitutionally flawed.