CJ’s removal: President can’t be stopped from consulting Council of State – Ayine

Attorney-General and Minister for Justice, Dr. Dominic Ayine, has strongly defended President John Mahama’s constitutional right to proceed with consultations with the Council of State regarding the possible removal of Chief Justice Gertrude Torkornoo.

This follows arguments by former Attorney-General and lawyer for Old Tafo MP, Vincent Ekow Assafuah, who insists that President Mahama should suspend all consultation processes until the Supreme Court hears an injunction application.

The application seeks to halt the process triggered by three separate petitions demanding the removal of the Chief Justice.

In court on April 9, 2025, Mr. Godfred Yeboah Dame argued that the rule of law requires that no further steps be taken in such a matter once an injunction application has been filed.

“There’s an application for an interlocutory injunction pending, so why would anybody proceed? I find it quite interesting, odd, and indeed a height of disregard for the rule of law,” Mr Dame asserted.

However, speaking to journalists at the Supreme Court on Wednesday, April 16, 2025, Dr. Ayine dismissed the claim that the President must pause the process.

He maintained that the President, in performing a constitutional obligation, cannot be restrained by an injunction unless the court explicitly rules so.

“The President cannot be enjoined from performing a constitutional and public obligation,” Dr. Ayine said. “If he [Godfred Dame] says that the President must hold on, is he saying the court has already granted an order? He has only applied. There is no ruling yet.”

He further emphasised that, “The law is very clear that you cannot enjoin the performance of a constitutional or public obligation. This is not an act of discretion; it is an act mandated by the Constitution”.

Meanwhile, Vincent Assafuah argues that the Chief Justice was denied a fair hearing before the President initiated consultation with the Council of State.

He contends this move violates Article 146(6) of the 1992 Constitution and undermines the independence of the judiciary.

Mr Assafuah is seeking an interlocutory injunction to freeze all processes initiated by the President until the court determines the legality of the consultation process.

Meanwhile, the Supreme Court has adjourned the hearing of the injunction application to May 6, 2025.

The sitting was postponed due to the absence of Justice Samuel Asiedu, one of the five panel members.