The Supreme Court has set Wednesday, May 28, to hear the injunction application filed by suspended Chief Justice Gertrude Esaaba Araba Sackey Torkornoo against the Committee of Inquiry probing the petitions seeking her removal.
The interlocutory injunction filed on May 21, 2025, seeks, among other things, to restrain the five-member committee established by President Mahama from continuing with the processes until the matter is finally determined.
She also wants an order by the apex court barring Gabriel Scott Pwamang and Samuel Adib-Asiedu, two justices of the Supreme Court appointed as members of the committee, from sitting on the case.
In her affidavit in support, the Chief Justice intimated that the chair of the committee, Justice Pwamang, has previously adjudicated cases involving one of the petitioners, Daniel Ofori, and thus should be prohibited from participating.
She again argued that Justice Samuel Kwame Adibu-Asiedu also served as a Supreme Court panel member that presided over a related injunction application.
Justice Torkornoo is also challenging the eligibility of the three remaining committee members, Daniel Yao Domelovo, Major Flora Bazwaanura Dalugo and Prof James Sefah Dzisah under Articles 146(1), (2), (4), 23, and 296 of the Constitution and sections of the Oaths Act, 1972.
In a supplementary affidavit filed on May 26, the Chief Justice alleged that her rights are being abused. After attending a hearing by the probe committee, Justice Gertrude Torkornoo maintained that the committee intends to proceed despite her informing them of the pendency of her court case.
She noted that the committee fixed dates for hearings, disregarding her counsel.
She also claimed that the committee has strangely decided that the petitioners will not give evidence themselves but will be calling others to give evidence.
Giving a sneak peek into her experience with the committee, she alleged she was subjected to mental torture at the hearing in that she was searched, her phones and laptops collected, with her spouse and children denied access to the room.
But in his affidavit in opposition to the interlocutory injunction also filed on May 26, the Attorney General noted that there is no basis in law for the two Supreme Court judges to be restrained from participating in the petition probe.
Making a case for the chair of the committee, Justice Pwamang, argued that his participation in cases put before the courts by one of the petitioners cannot constitute evidence of bias.
Regarding Justice Samuel Adibu Asiedu, the Attorney- General indicated that he did not participate in the injunction hearing and can therefore not be barred.
The Attorney-General further noted that members of the committee have all taken the necessary oath of office contrary to claims by the Chief Justice.
So far, the Supreme Court has dismissed four suits filed against the petitions seeking the removal of the Chief Justice.
