Supreme Court rejects AG’s bid to remove Justice Pwamang, others from Torkonoo case as defendants

The Supreme Court has dismissed a preliminary objection filed by the Attorney General seeking to remove Justice Scott Pwamang, Justice Adibu-Asiedu, and other members of the committee investigating the potential removal of Chief Justice Gertrude Torkonoo from the list of defendants in a suit brought by the suspended Chief Justice.

Chief Justice Torkonoo, currently suspended, is in court alongside her husband as the apex court hears her injunction application aimed at halting the proceedings of the Justice Pwamang-led committee.

The injunction stems from a broader suit in which she is seeking constitutional interpretation. In her filing, Torkonoo requests the court to:

• Permit her to waive her right to a private (in-camera) hearing,
• Declare the prima facie determination by the committee as unconstitutional, and
• Bar its members from continuing the proceedings.

Deputy Attorney General Dr. Justice Srem-Sai, representing the state, argued that the writ did not explicitly name the committee members as parties intended to be affected by the suit and therefore asked the court to remove them as defendants.

However, former Attorney General Godfred Yeboah Dame opposed the objection, arguing that what matters is whether reliefs are being sought against the individuals, which in this case, he said, clearly involved the committee members.

A five-member Supreme Court panel, chaired by Acting Chief Justice Paul Baffoe-Bonnie, ruled in favour of Dame’s position and dismissed the objection. The committee members will therefore remain as parties to the case as proceedings continue.