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Supreme Court Upholds Mahama’s Suspension of Chief Justice, Deepening Executive-Judiciary Tensions

Prosper AGBENYEGA by Prosper AGBENYEGA
May 6, 2025
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The Supreme Court has cleared the path for President John Dramani Mahama’s suspension of Chief Justice Gertrude Torkornoo, rejecting a high-profile legal challenge in a narrow 3-2 decision.

The application, brought by Old Tafo MP Vincent Ekow Assafuah, sought to stop the president from proceeding with the removal process against the embattled Chief Justice and to overturn her April 22 suspension. Represented in court by former Attorney General Godfred Yeboah Dame, the case has been seen as a key test of the balance of power between the executive and judiciary.

Justices Paul Baffoe-Bonnie, Yonny Kulendi, and Amadu Tanko ruled in favor of the president’s authority, dismissing the injunction request. However, the decision exposed divisions within the highest court, as Justices Henrietta Mensah Bonsu and Ernest Gaewu issued a dissenting opinion — a rare split that reflects the legal complexity and political weight of the matter.

The full reasoning behind the ruling is expected to be published on May 21, 2025, as legal analysts and the public await clarity on how the Court interpreted constitutional checks and balances in this unprecedented situation.

Chief Justice Torkornoo’s suspension followed the president’s acknowledgment of a prima facie case presented in petitions by private citizen Daniel Ofori, police officer Ayamga Akolgo, and the civil society group Shining Stars of Ghana. A five-member committee has been constituted to investigate the allegations, which have yet to be made public in detail.

The petition had not yet been referred to the Council of State when Assafuah’s suit sought to block the president’s action, raising broader concerns about due process, judicial independence, and political interference.

Critics argue the suspension threatens judicial autonomy, while supporters claim the move strengthens accountability at the highest level of governance.

As the case proceeds, many view it as a defining moment for Ghana’s democratic institutions — and a test of how far the rule of law can stretch under political pressure.

Tags: Chief JusticeDeepeningExecutive-Judiciary TensionsMahama's SuspensionSupreme CourtUpholds
Prosper AGBENYEGA

Prosper AGBENYEGA

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