By: Franklin Asare-Donkoh
A five-member panel of Ghana’s apex court, the Supreme Court (SC), presided over by the Acting Chief Justice, His Lordship Justice Baffoe Bonnie, has dismissed an injunction application filed by Mr. Theodore Kofi Atta-Quartey. The application sought an order restraining the committee of inquiry set up by President John Dramani Mahama to probe petitions for the removal of suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Mr. Atta-Quartey also sought to suspend the operationalisation of the warrant of suspension against the Chief Justice.
Before proceeding, the Acting Chief Justice reminded the lawyers that the court had ruled on a similar application two weeks ago.
Justice Amadu Tanko noted it would have been prudent for the plaintiff to wait for the court’s reasoning behind the earlier decision, as the reliefs sought were similar.
“I would have thought that since the reasons will be available by close of day today, if I were you, I would have waited to see the reasons before I issued this writ. However, you can go ahead,” Justice Tanko added.
Arguing the case, counsel for the plaintiff, Mr. Joseph Afrifa, stated that under Article 296 of the 1992 Republican Constitution, regulations or guidelines should have been published to guide non-judicial actors mandated to determine the prima facie case against the Chief Justice.
“It is our position that the determination of a prima facie case by the President, the involvement of the Council of State, and and the work of the committee are quasi-judicial processes..
On the face of article 146(6), the composition of the committee is such that a majority of three are persons who are not members of the Council of State, who are not lawyers, and who are not members of Parliament. Respectfully, for a process of removing the head of the judiciary, we cannot sidestep that provision that a person exercising such discretion will not be doing so in accordance with article 296,” Afrifa averred.
He further contended that the continued sitting of the Committee of Inquiry promotes illegality and urged the court to grant the injunction.
“It is our submission that the continuation of the removal of the CJ, particularly the work of the committee, will continue an illegality. I know that this court will not give judicial blessing to a process that has commenced and continues in breach of a constitutional provision.
If the court determines the merit of our writ that indeed a constitutional instrument is required in the process of the removal of the CJ, which involves quasi-judicial determination by non-judicial actors, the process will be declared nullity as same was carried out in flagrant breach of the constitution,” the plaintiff’s lawyer forcefully asserted.
After waiving his right to oppose, the Deputy Attorney-General and Minister for Justice, Dr. Justice Srem Sai, told the court that an earlier ruling had declared the absence of regulations does not nullify the process against the suspended Chief Justice Torkornoo.
The five-member panel ruled that the application was without merit and dismissed it by a 4-1 majority, with Justice Yaw Asare Darko dissenting.
The panel included Justices Henry Cofie, Amadu Tanko, Emmanuel Yonny Kulendi, and Acting Chief Justice Baffoe Bonnie.
