Narrow 3–2 ruling on CJ suspension shows legal merit of case – Godfred Dame

Former Attorney General Godfred Dame has emphasized that the Supreme Court’s narrow 3-2 decision against granting an injunction in the case challenging the suspension of Chief Justice Gertrude Torkornoo demonstrates the legal strength of the arguments presented, despite the ruling not favoring his position.

The injunction application, filed on behalf of Old Tafo MP Vincent Ekow Assafuah, aimed to halt ongoing proceedings related to the Chief Justice’s removal, citing unresolved constitutional concerns regarding judicial independence and due process.

While the majority of justices dismissed the request, Dame highlighted that the dissent of two Supreme Court justices signals the seriousness and credibility of the legal issues at stake.

Dame, who is representing the applicant, also raised concerns about the impartiality of Acting Chief Justice Paul Baffoe-Bonnie presiding over a matter that directly involves the suspended Chief Justice. He questioned the appropriateness of Baffoe-Bonnie’s role in the case.

Speaking in an interview following the court’s decision on Tuesday, May 6, Dame stated, “This is incongruous in our judicial history. If anyone benefits from these developments, it is the acting Chief Justice. It’s quite intriguing that the acting Chief Justice himself sat on these proceedings.”

He added, “The 3-2 narrowness of the decision itself indicates clearly that the application no doubt had merit. We await the court’s full reasoning before determining our next steps.”

Earlier, the Supreme Court had dismissed two objections raised by Dame, who sought the recusal of Acting Chief Justice Paul Baffoe-Bonnie and a reconstitution of the panel hearing the injunction motion.

Dame argued that the Acting Chief Justice stands to benefit from the outcome of the proceedings and should therefore step aside. He also objected to changes made to the original panel, which had included Justices Samuel Asiedu, Ernest Gaewu, Richard Agyei Frimpong, and Yaw Asare Darko, and was initially presided over by Justice Prof. Henrietta Mensa-Bonsu.

The reconstituted panel now comprises Justices Yonny Kulendi, Amadu Tanko, Henrietta Mensa-Bonsu, and Ernest Gaewu, and is presided over by Acting Chief Justice Baffoe-Bonnie.

With the injunction now dismissed, the Supreme Court is expected to proceed to hear the substantive constitutional issues surrounding the suspension of Chief Justice Gertrude Torkornoo.