The Supreme Court has dismissed a preliminary objection filed by the Attorney General’s office that sought to strike out Justice Scott Pwamang, Justice Adibu-Asiedu, and other members of a judicial committee .
The suit was initiated by suspended Chief Justice Gertrude Torkonoo.
The committee, led by Justice Pwamang, is currently investigating possible grounds for the Chief Justice’s removal from office.
However, Chief Justice Torkonoo, who has been suspended, has filed an injunction application to halt the committee’s work as part of a broader constitutional case she is pursuing alongside her husband.
In her filing, Justice Torkonoo is seeking a constitutional interpretation and is asking the apex court to:
- Allow her to waive her right to a private (in-camera) hearing,
- Declare the committee’s prima facie finding as unconstitutional, and
- Bar the committee members from continuing with the proceedings.
During the hearing, Deputy Attorney General Dr. Justice Srem-Sai argued that the committee members were not expressly named in the suit as parties against whom reliefs were sought, and therefore should be removed as defendants.
However, former Attorney General Godfred Yeboah Dame, representing Torkonoo, countered that the focus should be on whether the reliefs sought implicate the individuals — a standard which he argued was clearly met.
A five-member panel of the Supreme Court, chaired by Acting Chief Justice Paul Baffoe-Bonnie, sided with Dame’s argument and dismissed the Attorney General’s objection. As a result, the committee members will remain as defendants as the case progresses.
The court is expected to continue hearing the substantive matters in the coming weeks.
