Minister of Justice and Attorney-General, Dr. Dominic Ayine has defended President Mahama’s decision to continue the consultation process with the Council of State over the petitions to remove the Chief Justice despite an application for an interlocutory injunction.
The Attorney-General’s comment is in response to Godfred Yeboah Dame, lawyers for Old Tafo MP, Vincent Assafuah who claim that the President should halt his consultation process with the Council of State until the injunction application filed by the MP is dealt with.
In court on April 9, 2025, Godfred Dame averred that it is the expectation of the law and in adherence of the rule of law for the consultation processes to be halted mainly due to a pending interlocutory application.
He argued that the law prohibits the continuation of court processes when there’s an injunction application.
“There’s an application for an interlocutory injunction pending so why would anybody proceed. I will find it quite interesting and odd and indeed a height for a disregard for rule of law if they proceed in that manner,” Dame said.
But speaking to journalists in court on Wednesday, April 16, 2025, Dr. Ayine disagreed with the argument by the lawyers for Vincent Assafuah.
The Attorney-General explained that the President cannot be injuncted from performing a constitutional and public obligation by consulting with the Council of State.
Dr. Dominic Ayine noted that the laws of the country does not permit any authority or person to injunct the performance of a public obligation, hence he “does not see the point that he [Godfred Dame] is trying to make that the President must hold on to the process of consultation.”
“Well, he [Godfred Dame] has filed an application in court, the court is yet to make an order so if he [Godfred Dame] says that the President must hold on, is he saying that the court has already granted an order in respect of which the president must not continue the process?
“First of all, he [Godfred Dame] has to understand that it is a performance of a constitutional duty and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” the Attorney-General averred.
Vincent Assafuah filed a suit arguing that the ongoing processes triggered by three petitions, all seeking the removal of the Chief Justice cannot proceed because the Chief Justice was not given a fair hearing before the consultation started.
He is seeking an interlocutory injunction to halt the processes commenced by the President.
He seeks to challenge the constitutional validity of President John Mahama’s decision to consult the Council of State on the matter without first seeking a response from the Chief Justice. Assafuah, represented by former Attorney-General Godfred Dame, argues that this oversight violates the Chief Justice’s right to a fair hearing and undermines judicial independence, citing Article 146(6) of the 1992 Constitution.
Meanwhile, the Supreme Court has set May 6 to hear the injunction applications against the petition to remove Chief Justice Gertrude Sackey Torkornoo from office.
The panel of four sitting instead of five, chaired by Justice Osei Bonsu, noted that the adjournment had been occasioned due to “unavoidable reason”.
Justice Samuel Asiedu, the fifth member of the panel, was absent when the case was called on Wednesday, April 16.
