Former Attorney General and Minister of Justice, Godfred Dame, is the lawyer of Vincent Assafuah
Former Attorney General and Minister of Justice, Godfred Dame, who is the lawyer for the Member of Parliament for Old Tafo, Vincent Ekow Assafuah, has withdrawn his client’s application to injunct President John Dramani Mahama from proceeding with ongoing processes on three petitions for the removal of Chief Justice Gertrude Torkornoo.
Before withdrawing the case, Dame accused President Mahama of keeping the petitions requesting the removal of Justice Torkornoo for six whole weeks before informing the public or the Chief Justice.
According to GhanaWeb’s George Ayisi, the former Attorney General said that it was unreasonable for the president to keep the petition to himself for “six whole weeks.”
He described the ongoing processes on the petitions as a charade to unconstitutionally remove Chief Justice Torkornoo.
Before withdrawing the injunction application, one of the five justices sitting on the case, Justice Yonny Kulendi, asked Dame to “show us anywhere in Article 146 where a timeline is set in the constitution for a provision of notice to a respondent” in a petition.
Details of the injunction case:
In the application filed through his legal team, Dame and Partners Unlimited, Assafuah argues that based on a proper interpretation of the 1992 Constitution by the apex court, the Chief Justice must be furnished with copies of the petitions submitted to the president for her removal before any consultation with the Council of State can occur.
Assafuah maintains that Article 146 of the Constitution mandates the President to notify the Chief Justice of the petition seeking her removal and to obtain her response before initiating the consultation process with the Council of State.
He is, therefore, asking the court to declare that President Mahama’s failure to comply with this constitutional requirement, and his decision to forward the petitions to the Council of State for further action, is null, void, and of no effect.
The MP made this known on his social media platforms, sharing a copy of the writ filed at the Supreme Court on Thursday, March 27, 2025.
His suit follows the [president’s announcement, made through the Minister of State in charge of Government Communications, Felix Kwakye Ofosu, that three petitions demanding the removal of Chief Justice Gertrude Torkornoo would be referred to the Council of State for consultation.
Assafuah’s reliefs before the court:
(i) A declaration that, upon a true and proper interpretation of Articles 146(1), (2), (4), (6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice about a petition for her removal and obtain her comments and responses before referring the petition to the Council of State or commencing the consultation process.
(ii) A declaration that failure by the President to notify the Chief Justice and obtain her comments before triggering the consultation process constitutes a violation of Article 146(6), and infringes on the constitutional protection of the Chief Justice’s security of tenure, as stipulated in Article 146(1).
(iii) A declaration that such failure amounts to unjustified interference with the independence of the judiciary, in breach of Articles 127(1) and (2).
(iv) A declaration that the failure to notify the Chief Justice and obtain her response constitutes a violation of the right to a fair hearing, under Articles 23 and 296, and renders the consultation process initiated by the President null, void, and of no effect.
(v) Any other order(s) as this Honourable Court may deem appropriate.
BAI/AE
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