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Opinions of Thursday, 8 May 2025

Columnist: www.ghanawebbers.com

CJ’s suspension injunction application mischievous-Lawyer

The Supreme Court of Ghana has dismissed an injunction application. This decision was made by a narrow 3:2 majority. The application sought to stop President John Dramani Mahama from removing Chief Justice Gertrude Torkornoo.

Vincent Ekow Assifuah filed the legal challenge. He is the New Patriotic Party (NPP) Member of Parliament for Old Tafo in the Ashanti Region. The challenge aimed to halt the removal process after the President established a prima facie case against the Chief Justice.

Private legal practitioner Mintah Larbi reacted to this development. He called the injunction application "mischievous" and lacking merit. In an interview on Accra 100.5 FM, he argued that it was meant to delay proceedings and waste court time.

Larbi stated, “The application had no good intent.” He accused the applicants of trying to undermine a legitimate constitutional process.

The Supreme Court's decision marks a critical turning point in this politically charged legal standoff. Along with dismissing the injunction, the court also rejected a preliminary objection from former Attorney-General Godfred Yeboah Dame.

Mr. Dame questioned Acting Chief Justice Paul Baffoe-Bonnie's participation due to potential conflict of interest. However, all five justices dismissed this objection, allowing Baffoe-Bonnie to remain on the case.

In the final ruling, Acting Chief Justice Baffoe-Bonnie, Justice Henrietta Mensa-Bonsu, and Justice Amadu Tanko formed the majority that dismissed the application. Justices Yonni Kulendi and Ernest Gaewu dissented, supporting the applicants' attempt to block President Mahama.

With this dismissal, President Mahama can legally continue with the removal process. This occurs amid ongoing legal and political tensions surrounding the matter.

This decision adds complexity to debates over judicial independence and executive oversight. Legal observers are watching closely as this process unfolds.