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Supreme Court dismisses injunction application against proceeding with petitions to remove CJ in 3–2 decision

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The Supreme Court has, by a 3–2 majority, dismissed an application for an injunction against proceeding with petitions for the removal of Chief Justice Gertrude Torkornoo. 

The decision, delivered on Tuesday, saw Justices Henrietta Mensa Bonsu and Ernest Gaewu dissenting, while the majority upheld the view that the case should proceed without delay. 

The Court indicated that the full reasoning behind the decision would be made public on 21st May, 2025.

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The injunction application formed part of a broader legal challenge involving the Chief Justice’s suspension and raised significant constitutional questions about due process and judicial independence. 

The legal team opposing the suspension had argued that continuing proceedings without resolving preliminary questions would compromise the integrity of the judicial process. 

However, the majority of the panel disagreed, stating that there were insufficient grounds to justify halting the case at this stage.

Tuesday’s decision follows earlier drama surrounding the composition of the panel itself. 

Former Attorney General Godfred Yeboah Dame had raised an objection to Justice Paul Baffoe-Bonnie’s participation and leadership of the panel, arguing that it was unprecedented and improper for an acting Chief Justice to empanel and preside over a matter affecting the substantive Chief Justice. 

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That objection was unanimously dismissed by the Court after a brief recess, allowing proceedings to continue under Justice Baffoe-Bonnie’s leadership.

The current panel hearing the case comprises Justice Paul Baffoe-Bonnie, Justice Henrietta Mensa Bonsu, Justice Yonny Kulendi, Justice Amadu Tanko, and Justice Ernest Gaewu. 

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