Supreme Court dismisses AG’s objection in Chief Justice removal case
The Supreme Court has dismissed a preliminary objection filed by the Attorney General, which sought to remove Justice Scott Pwamang, Justice Adibu-Asiedu, and other members of the committee probing petitions for the removal of Chief Justice Gertrude Torkonoo as parties to the suit filed by suspended Chief Justice.
The suspended Chief Justice, Gertrude Torkonoo, is in court alongside her husband as the apex court hears her injunction application aimed at halting the proceedings of the committee investigating the petitions for her removal.
The injunction application was filed following a suit in which the Chief Justice is seeking constitutional interpretation. In her suit, she is requesting the court to allow her to waive her right to a private (in-camera) hearing, declare the prima facie determination as unconstitutional, and bar members of the committee from continuing with the proceedings.
Deputy Attorney General Dr. Justice Srem-Sai argued that the writ did not explicitly name the committee members as parties intended to be affected by the suit, and therefore, they should be removed as defendants.
However, Godfred Yeboah Dame countered that what matters in determining whether someone is a proper party to a suit is whether claims and reliefs have been made against them. He argued that both were clearly directed at the committee members.
A five-member panel of the Supreme Court, chaired by Acting Chief Justice Paul Baffoe-Bonnie, ultimately dismissed the Attorney General’s objection, allowing the committee members to remain as defendants in the case.
