In a significant legal development, the Supreme Court has ruled that members of the committee probing the potential removal of suspended Chief Justice Gertrude Torkonoo will remain parties to the case she has brought before the apex court.
This follows the dismissal of a preliminary objection filed by the Attorney General, which sought to exclude Justices Scott Pwamang, Adibu-Asiedu, and other committee members from the suit.
The objection, argued by Deputy Attorney General Dr. Justice Srem-Sai, claimed the committee members were not expressly named as respondents and therefore should not be bound by the court proceedings. However, former Attorney General Godfred Yeboah Dame countered that the substance of the suit clearly targets the actions and decisions of the committee members, making their inclusion essential.
A five-member Supreme Court panel, led by Acting Chief Justice Paul Baffoe-Bonnie, sided with Dame and dismissed the state’s objection, affirming that the individuals are proper parties to the ongoing legal challenge.
Chief Justice Torkonoo, who has been suspended pending the outcome of the impeachment process, is seeking an injunction to halt the work of the committee. Her broader legal action calls for constitutional interpretation on the process, the right to waive a private hearing, and the legitimacy of the committee’s prima facie determination.
The court’s decision to retain the committee members as parties signals a more comprehensive judicial review of the removal proceedings and sets the stage for a potentially precedent-setting case at the apex of Ghana’s judiciary.
