Former Attorney General, Godfred Dame, has insisted the Supreme Court’s 3-2 decision against his injunction application in the Chief Justice Gertrude Torkornoo suspension case demonstrates the legal merit of his challenge, despite the unfavourable outcome.
Speaking to JoyNews after the ruling, Mr Dame, who is a lawyer for the applicant, expressed concerns about Acting Chief Justice Paul Baffoe-Bonnie presiding over the case involving the suspended Chief Justice.
“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,” the former AG said.
He noted the split decision spoke volumes: “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.”
The ruling followed the court’s earlier unanimous dismissal of Mr Dame’s objection to Justice Baffoe-Bonnie’s participation.
The former AG had argued it was improper for the acting Chief Justice to both empanel judges and preside over a case concerning the suspended Chief Justice, warning this could undermine public confidence in judicial independence.
The five-member panel hearing the case includes Justices Paul Baffoe-Bonnie, Henrietta Mensa Bonsu, Yonny Kulendi, Amadu Tanko, and Ernest Gaewu.
With the injunction rejected, the court will now proceed to consider the substantive constitutional questions surrounding Chief Justice Torkornoo’s controversial suspension.
The closely divided ruling came after lawyers for Old Tafo MP Vincent Assafuah sought to halt proceedings, arguing that constitutional questions about judicial independence and due process needed resolution before the case could properly continue.
While the majority found insufficient grounds for an injunction, Mr Dame explained the significance of two justices dissenting.
