The Attorney General’s Department and Ministry of Justice has expressed dismay at what it terms seeming definite conclusion Old Tafo MP and his lawyer Godfred Yeboah Dame that the public Chief Justice Gertrude Araba Essaba Torkornu has been removed from office.
President Mahama upon the advice of the Council of State under Article 146 (10a) suspended the Chief Justice following petitions for her removal. The opposition New Patriotic Party, NPP which has led a street protest demanding the reinstatement of the suspended Chief Justice has accused President Mahama of a grand scheme to control the judiciary with the move.
Some elements within the opposition party including the general secretary Justin Frimpong Kodua and minority leader Osahen Alexander Kwamena Afenyo-Markin the attempt to remove the chief Justice is part of a grand scheme by the President to seek a third term in office. This assertion has however roundly been rejected.
An injunction application filed by Member of Parliament for Old Tafo Vincent Ekow Assafuah through his lawyer, immediate past Attorney-General Godfred Yeboah Dame to stop President Mahama from proceeding with the process on the petitions was yesterday May 6, 2025 dismissed by the Supreme Court by a 3-2 majority decision.
Speaking to the media after the judgment Deputy Attorney-General Justice Srem-Sai argued the motions filed by the Old Tafo MP through the former Attorney General is informed by the conclusion the Chief Justice has been axed.
According to Srem Sai the establishment of a prima facie case against the Chief Justice leading to her suspension does not in any way amount to a removal since once the Justice Pwamang committee establishes that the petitions are without merit, Justice Gertrude Araba Esaaba Sackey Torkornoo will return to her office.
“The finding of a prima facie case is not automatic that the Chief Justice has been removed. It is not at all. It may come out that the petitions have not been of merit and the Chief Justice will be restored to her position.
I’m always surprised that people have concluded that the fact that a prima facie case has been found it means that the chief has been removed from office.”
He accused the former Attorney-General Godred Yeboah Dame of failing to appreciate the dictates of Article 146 of the constitution.
“That is what motivates this motion that has been filed. I think the underlying understanding which I consider a misunderstanding is that the plaintiff (Vincent Assafuah) believes that once a prima facie case has been established then it’s a gone issue. But it is not!”
Srem-Sai further accused the former A-G and lawyer for Vincent Assafuah of showing up in court with newspaper clippings of comments of President Mahama on the judiciary while in opposition seeking to convince the panel the ongoing process concerning the petitions are preconceived.
The plaintiff Vincent Assafuah has however served notice of filing for a review after examining the reasoning behind the judgment by the Apex Court due by May 21.
