The Supreme Court has rejected a preliminary objection submitted by the Attorney General, which sought to exclude Justice Scott Pwamang, Justice Adibu-Asiedu, and other committee members from the investigation into the potential removal of Chief Justice Gertrude Torkonoo from the list of defendants in a lawsuit initiated by the suspended Chief Justice.
Currently suspended, Chief Justice Torkonoo is in court with her husband as the apex court reviews her application for an injunction aimed at stopping the proceedings of the committee led by Justice Pwamang.
This injunction arises from a larger lawsuit in which she is requesting a constitutional interpretation. In her submission, Torkonoo asks the court to:
- Allow her to forgo her right to a private (in-camera) hearing,
- Declare the prima facie determination made by the committee as unconstitutional, and
- Prevent its members from continuing with the proceedings.
Deputy Attorney General Dr. Justice Srem-Sai, representing the state, contended that the writ did not specifically name the committee members as parties intended to be impacted by the lawsuit, and thus requested the court to exclude them as defendants.
Conversely, Attorney General Godfred Yeboah Dame countered the objection, asserting that the critical issue is whether reliefs are being sought against the individuals, which, in this instance, he argued, clearly includes the committee members.
A five-member panel of the Supreme Court presided over by Acting Chief Justice Paul Baffoe-Bonnie, ruled in favor of Dame’s argument and dismissed the objection. Consequently, the committee members will remain as parties to the case as the proceedings advance.
