The Supreme Court has dismissed an injunction application filed by private citizen Theodore Kofi Atta-Quartey.
Mr Atta-Quartey was seeking an order from the apex court to restrain the committee of inquiry set up by President Mahama to probe the petitions for the removal of suspended Chief Justice Gertrude Torkornoo.
He also wanted the court to suspend the operationalisation of the warrant of suspension against the Chief Justice.
Even before the case would proceed, Chief Justice Baffoe Bonnie, presiding over the 5-member panel of justices, drew the attention of the lawyers that the court had ruled on a similar application two weeks ago.
Justice Amadu Tanko then noted it would have been apt for the plaintiff to have waited for the reasoning of the decision of the court, so it would advise them, seeing that the reliefs were similar.
“I would have thought that since the reasons will be available by close of day today. If I were you, I would have waited to see the reasons before I issued this writ. However, you can go ahead,” Justice Tanko added.
Arguing their case, counsel for the plaintiff, Joseph Afrifa, noted that per article 296 of the 1992 constitution, regulations or guidelines ought to have been published to direct persons who are not judicial actors given the mandate to determine the prima facie against the Chief Justice.
“It is our position that a determination of prima facie case by the President, the involvement of the Council of State and the work of the committee are quasi-judicial processes.
“On the face of article 146(6), the composition of the committee is such that a majority of three are persons who are not members of the Council of State, who are not lawyers and are not members of Parliament. Respectfully, for a process of removing the head of the judiciary, we cannot sidestep that provision that a person exercising such discretion will not be doing so in accordance with article 296,” Afrifa averred.
The lawyer further stated that continuous sitting of the Committee of Inquiry will promote an illegality and urged the court to grant their injunction application.
“It is our submission that the continuation of the removal of the CJ, particularly the work of the committee, will continue an illegality. I know that this court will not give judicial blessing to a process that has commenced and continues in breach of a constitutional provision.
“If the court determines the merit of our writ that indeed a constitutional instrument is required in the process of the removal of the CJ, which involves quasi-judicial determination by non-judicial actors, the process will be declared nullity as same was carried out in flagrant breach of the constitution,” Joseph Afrifa argued.
After waiving his right to oppose the application, Deputy Attorney-General Dr Justice Srem Sai indicated that the court had already declared in an earlier suit that the absence of regulation does not nullify the process activated against the Chief Justice.
In their ruling, the 5-member panel held that the application was without merit and dismissed it by a majority decision of 4-1, with Justice Yaw Asare Darko dissenting.
The remaining justices on the panel were Henry Cofie, Amadu Tanko, Emmanuel Yonny Kulendi and acting Chief Justice Baffoe Bonnie.
