The Supreme Court of Ghana has dismissed an application for interlocutory injunction filed by the Chief Justice, seeking to halt the constitutional process initiated by the President for her removal from office.
In a unanimous decision on May 28, 2025, the court held that the applicant failed to meet the required threshold to injunct the performance of a constitutional or statutory function.
The court, citing previous decisions, emphasized that injunctions in public law matters should be granted sparingly and with extreme circumspection only when there is a clear demonstration of a constitutional infraction.
The Chief Justice had sought to restrain a committee set up by the President to inquire into three petitions brought against her for removal from office. However, the court found that the applicant’s case did not meet the required threshold.
The court also questioned the basis for suspending the warrant issued by the President suspending the Chief Justice while the petitions for her removal are being considered.
The court’s decision was in line with previous rulings, emphasizing the need for courts to exercise restraint in interfering with constitutional processes.
Background
The Chief Justice had filed a writ invoking the original jurisdiction of the Supreme Court, seeking declarations on various constitutional issues related to her removal from office.
The court, however, held that it does not have original concurrent jurisdiction with the body empowered to exercise jurisdiction under Article 146 of the Constitution.
The court’s decision has significant implications for the ongoing constitutional process and the separation of powers in Ghana.
Attach is the full ruling from the Supreme Court
HER LADYSHIP VRS THE AG & 5 ORS
Source: www.kumasimail.com
