CJ requests copies of petition amidst 2 injunction suits

Chief Justice Gertrude Sackey Torkornoo has formally requested copies of the petitions submitted to President John Dramani Mahama seeking her removal from office.
Meanwhile, two individuals Member of Parliament for Old Tafo, Vincent Ekow Assafuah, and Ebenezer Osei-Owusu have filed separate injunctions at the Supreme Court in an attempt to halt the removal process.

Chief Justice appeals for fair hearing
In a letter addressed to the President, the Chief Justice appealed for access to the documents to enable her to respond accordingly.
Her request follows President Mahama’s initiation of consultations with the Council of State after receiving three petitions calling for her removal.
Chief Justice Torkornoo emphasized the need for due process, urging the President and the Council of State to allow her sufficient time to respond to the allegations before any further steps are taken.

“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me, and allow me at least seven days after receipt of same, to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146 (6), before the possible setting up of a Committee of Inquiry under Article 146 (7),” she stated.

MP files injunction to halt removal process
In a related development, Member of Parliament for Old Tafo, Vincent Ekow Assafuah, has filed an injunction application at the Supreme Court to prevent President Mahama and the Council of State from proceeding with the processes towards the removal of Chief Justice Torkornoo.
This latest legal action follows a previous application by Assafuah’s legal team challenging the consultation process initiated by the President.
The MP is urging the Supreme Court to declare the process null and void, arguing that it violates constitutional provisions.

In an affidavit supporting his application, Assafuah stated that he is acting in his capacity as a Ghanaian citizen with a duty to protect and uphold the 1992 Constitution.
He contends that the President has embarked on an unconstitutional process and must be stopped before it undermines judicial independence.

Osei-Owusu files separate injunction
In a separate legal action, Ghanaian citizen Ebenezer Osei-Owusu has filed an application at the Supreme Court to stop President Mahama’s removal process, arguing that it infringes on the Chief Justice’s constitutional right to a fair hearing.
Osei-Owusu asserts that the President’s decision to forward the petitions to the Council of State without first notifying the Chief Justice is unconstitutional.
He references the landmark Supreme Court ruling in Agyei Twum v. Attorney-General & Akwetey (2005-2006), which affirms that any judge facing removal must be given an opportunity to respond before any preliminary determination is made.
“The President’s decision to make public the receipt and transmission of the petitions without first furnishing the Chief Justice with copies and offering her a hearing is unconstitutional and violates her fundamental rights,” Osei-Owusu argues in his statement of claim.
His injunction application is scheduled for a Supreme Court hearing on Wednesday, April 2, 2025.
If granted, it will restrain the President and the Council of State from proceeding with the removal process until the substantive case is determined.

Osei-Owusu seeks 7 reliefs
In his application, Osei-Owusu is seeking seven reliefs from the Supreme Court, including an order preventing the President from consulting the Council of State on the matter.
He specifically requests a declaration that the President cannot determine whether a prima facie case exists against the Chief Justice without first serving her with copies of the petitions and allowing her to respond.
Additionally, he is asking the court to declare as unconstitutional the President’s decision to forward the petitions without notifying the Chief Justice.
He seeks an order preventing the President from forming a committee to investigate the allegations unless the Chief Justice has been given a fair opportunity to respond.

Furthermore, Osei-Owusu is requesting an order to recall or set aside the petitions sent to the Council of State and any other reliefs the court deems necessary to protect the Chief Justice’s rights.

Legal battle intensifies
With these legal challenges mounting, the controversy surrounding President Mahama’s attempt to remove Chief Justice Torkornoo is expected to escalate further.
The Supreme Court’s rulings on these injunctions will be pivotal in determining whether the process proceeds or is halted indefinitely.
The outcome of these legal battles could set a significant precedent for the balance of power between the Executive and the Judiciary in Ghana’s constitutional democracy.