The Supreme Court has once again adjourned the highly anticipated hearing of an injunction application seeking to restrain President John Dramani Mahama and the Council of State from determining whether a prima facie case exists in ongoing petitions for the removal of the Chief Justice.
At the heart of this legal standoff is a constitutional question with significant implications for the separation of powers and judicial independence in Ghana.
The case, which was expected to proceed on Wednesday, April 16, was deferred due to the absence of one of the five-member panel justices, His Lordship Samuel Asiedu. Presiding over the bench, Her Ladyship Henrietta Mensah Bonsu offered a brief explanation to the court.
“We have had problems and for unavoidable reasons have to adjourn,” she stated.
The new date for the hearing has been fixed for May 6, 2025.
Meanwhile, tensions continue to rise over the interpretation of constitutional duties and legal boundaries as the legal fraternity and public await the Court’s next move. Attorney General Dr. Dominic Ayine has pushed back strongly against suggestions that President Mahama should suspend his role in the prima facie determination process pending the outcome of the injunction hearing.
This rebuttal follows a legal argument by Godfred Yeboah Dame, counsel for the plaintiff, who has maintained that the President is bound by the injunction application to halt any engagement with the Council of State on the petitions.
However, addressing journalists after the court session, Dr. Ayine was firm in his position. “The President cannot be enjoined from undertaking his constitutional duty,” he said.
The dispute centers on a series of petitions lodged against the Chief Justice, which have prompted the constitutional requirement for the President, in consultation with the Council of State, to determine if there is enough basis—a prima facie case—to proceed with formal impeachment processes.
The injunction application seeks to put a pause on that process, arguing that it may be unconstitutional or procedurally flawed. But with the matter yet to be fully ventilated in court, and the Supreme Court now set to reconvene in early May, the legal standoff continues to cast a shadow over Ghana’s judicial and executive dynamics.
