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VINCENT EKOW ASSAFUAH v. THE ATTORNEY GENERAL

2025

SUPREME COURT

GHANA

CORAM

  • BAFFOE-BONNIE AG. CJ (PRESIDING)
  • AMADU JSC
  • PROF. MENSA-BONSU JSC
  • KULENDI JSC
  • GAEWU JSC

Areas of Law

  • Constitutional Law
  • Civil Procedure
  • Administrative Law
  • Evidence Law

AI Generated Summary

The Supreme Court of Ghana, exercising its original jurisdiction, addressed a citizens bid to restrain President John Mahama and the Council of State from continuing Article 146 removal proceedings against Chief Justice Gertrude Asaaba Sackey Torkonoo, and to suspend the Presidents warrant of suspension under Article 146(10). The majority, authored by Justice I. O. Tanko Amadu and joined by Acting Chief Justice P. Baffoe-Bonnie, found the Applicants factual premisethat consultations determining a prima facie case were initiated without notifying the Chief Justicewas contradicted by an official letter indicating the petitions would first be sent to the Chief Justice for preliminary comments, and by her subsequent responses considered by the Council of State. Applying Welford Quarcoo, the Court held that no serious question, irreparable harm, or favorable balance of convenience justified halting a constitutionally sanctioned process; any defect could be remedied by ex post nullification. Justice Kulendi concurred, emphasizing separation of powers, the presumption of regularity, and that mere service of an injunction does not halt executive action. Prof. Mensa-Bonsu, joined by Justice Gaewu, dissented, advocating an injunction to protect fair hearing and judicial independence.

RULING