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VINCENT EKOW ASSAFUAH
V.
THE ATTORNEY GENERAL

(2025) JELR 114573 (SC)

Supreme Court 6 May 2025 Ghana
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- The Supreme Court (majority) dismissed the application for interlocutory injunction to halt the President’s and Council of State’s processes under Article 146 for the removal of the Chief Justice, holding that mere procedural or timing de

Case Details

Suit Number:WRIT NO: J1/18/2025
Judges:BAFFOE-BONNIE AG. CJ (PRESIDING) AMADU, JSC PROF. MENSA-BONSU, JSC KULENDI, JSC GAEWU, JSC
Counsel:GODFRED YEBOAH DAME ESQ. FOR THE PLAINTIFF/APPLICANT WITH HIM KOW ESSUMAN, YAA FOBI FRIMPOMAA AND YAW BOAMPONG. DR. JUSTICE SREM SAI ESQ. (DEPUTY ATTORNEY GENERAL) FOR THE DEFENDANT/RESPONDENT WITH HIM REGINALD NII ODOI (STATE ATTORNEY).

RULING

MAJORITY OPINION 

TANKO AMADU JSC: 

BACKGROUND 

(1) By writ, issued on the 27 day of March 2025 the Plaintiff/Applicant (hereinafter referred to as “the Plaintiff”) invoked the original jurisdiction of the Court against the Attorney-General, the Defendant/Respondent, (hereinafter referred to as “the Defendant”) seeking the following reliefs: 

  • A declaration that upon a true and proper interpretation of Articles 146(1),(2),(4),(6) and (7), 23, 57(3) and 296 of the Constitution, the President is mandated to notify the Chief Justice about a petition for the removal of the Chief Justice and obtain his or her comments and responses to the content of such petition before referring the petition to the Council of State or commencing the consultation processes with the Council of State for the removal of the Chief Justice. 

  • A declaration that upon a true and proper interpretation of Articles 146(1), (2), (4), (6) and (7), 23 and 296 of the Constitution, a failure by the President to notify the…

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