The Supreme Court has rescheduled the hearing of an interlocutory injunction to stop President John Dramani Mahama and the Council of State from acting on three petitions against Chief Justice Gertrude Torkornoo to April 9.
The application was filed by MP for Old Tafo, Vincent Ekow Assafuah, on March 27, over the potential removal of the Chief Justice. Assafuah is urging the Supreme Court to declare that the President must notify the Chief Justice and obtain her comments before referring a removal petition to the Council of State.
He contends that failure to do so is a violation of Article 146(6) of the Constitution and undermines the constitutional protection of the Chief Justice’s security of tenure. Assafuah also wants a declaration that failure by the President to notify and obtain comments from the Chief Justice before proceeding with the removal process is a violation of the right to fair hearing.
A similar application has also been filed by a private citizen, Ebenezer Osei-Owusu, seeking a restraint on President Mahama and the Council of State from proceeding with the removal process. Osei-Owusu argues that the President has no constitutional authority to forward such petitions without first determining a prima facie case against the Chief Justice and providing her with copies of the petitions.
Ruth Abla ADJORLOLO
