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Opinions of Tuesday, 6 May 2025

Columnist: www.ghanawebbers.com

Supreme Court dismisses injunction application against President Mahama in Chief Justice case

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

The court also overruled a preliminary objection from former Attorney-General Godfred Yeboah Dame. He argued that Acting Chief Justice Paul Baffoe-Bonnie should recuse himself due to a conflict of interest. However, the court dismissed this objection unanimously.

In the main ruling, the five-member panel had a split decision. Acting Chief Justice Baffoe-Bonnie, Justice Henrietta Mensa-Bonsu, and Justice Amadu Tanko voted to dismiss the injunction. Justices Yonni Kulendi and Ernest Gaewu dissented, supporting the applicants who wanted to halt the removal process.

This injunction application was part of a larger legal challenge. It aimed to prevent President Mahama from starting or continuing proceedings against Chief Justice Torkornoo.

The majority ruling allows President Mahama to continue with the constitutional process. This decision is significant in the ongoing legal and political controversy regarding the Chief Justice's future and judicial independence in Ghana.