The Supreme Court has dismissed a preliminary objection filed by the Attorney General seeking to remove members of the committee investigating suspended Chief Justice Gertrude Torkonoo from an ongoing constitutional suit. The court’s ruling ensures that Justice Scott Pwamang, Justice Adibu-Asiedu, and other members of the committee will remain as parties in the case.
The legal battle follows the suspension of Chief Justice Torkonoo, who, alongside her husband, is contesting the legitimacy of the proceedings against her. Central to her legal challenge is an injunction application aimed at halting the work of the Pwamang-led committee, which was constituted to examine grounds for her potential removal from office.
In a broader suit seeking constitutional interpretation, Chief Justice Torkonoo is requesting the Supreme Court to declare the committee’s prima facie determination unconstitutional. She is also seeking permission to waive her right to a private (in-camera) hearing and asking the court to bar the committee members from continuing with the proceedings.
During Tuesday’s hearing, Deputy Attorney General Dr. Justice Srem-Sai argued that the committee members were improperly listed as defendants, noting that the writ did not explicitly indicate they were the intended targets of the suit. On that basis, he asked the court to strike their names from the list of defendants.
However, the objection was strongly opposed by former Attorney General Godfred Yeboah Dame, who contended that the essential consideration was whether the reliefs sought implicate the committee members. According to Dame, it was evident that the reliefs directly affected them.
The five-member Supreme Court panel, chaired by Acting Chief Justice Paul Baffoe-Bonnie, sided with Dame’s argument and dismissed the state’s objection. The decision paves the way for the committee members to continue as defendants as the substantive case proceeds.
The case, which has drawn significant public and legal attention, now moves forward with all original parties intact as the apex court prepares to rule on the constitutional questions raised by the suspended Chief Justice.
