The Member of Parliament for Old Tafo, Vincent Ekow Assafuah, has filed a lawsuit at the Supreme Court, challenging the ongoing process for the removal of Chief Justice Gertrude Torkornoo. The MP is seeking a declaration that President John Dramani Mahama’s decision to forward petitions for the Chief Justice’s removal to the Council of State for consultation is null and void.

Assafuah argues that the President failed to notify the Chief Justice about the petitions and obtain her comments and responses before forwarding them to the Council of State. This, he claims, is a violation of the Constitution and the principles of natural justice.

The MP is also seeking an interlocutory injunction to restrain the President and the Council of State from proceeding with the consultation process until the court determines the substantive case. The application for the injunction is set to be heard on April 2, 2025.

In a related development, Chief Justice Torkornoo has written to the President, requesting copies of the petitions against her. She argues that she has a right to be heard and to respond to the allegations made against her before any decision is taken on her removal.

The impeachment process is governed by Article 146 of the Constitution, which stipulates that a Justice of the Superior Courts can only be removed from office for stated misbehavior, incompetence, or inability to perform their functions due to infirmity of body or mind. The article also requires the President to consult with the Council of State before appointing a committee to investigate the allegations.