HER LADYSHIP JUSTICE GERTRUDE v. THE ATTORNEY GENERAL & 5ORS

The Supreme Court of Ghana dismissed an interlocutory motion by the Honourable Lady Chief Justice seeking to halt an Article 146 impeachment process against her. The Chief Justice argued that the President’s prima-facie determination, her suspension, the composition of the inquiry committee, and the requirement that the committee sit in camera were unconstitutional and caused her irreparable harm; she therefore asked the Court to restrain the committee and suspend the presidential warrant. Delivering the lead judgment, Amadu JSC held that injunctions aimed at stopping constitutional functions demand an exceptionally high threshold—clear, manifest and imminent constitutional breach coupled with overriding public-interest considerations—which the Applicant failed to satisfy. The Court emphasised that speculative allegations, political conjecture, or dissatisfaction with procedural decisions do not justify truncating constitutionally mandated processes. It further stated that the mere pendency of an injunction application does not itself restrain public officials from performing their constitutional duties. A concurring opinion by Adjei-Frimpong JSC agreed, underscoring that Article 146(8)’s command that proceedings be held in camera cannot be waived unilaterally. Accordingly, the motion was dismissed, and the Article 146 committee may proceed.