Supreme Court overrules A-G’s objection to exclude committee members from suit 

Supreme Court overrules A-G’s objection to exclude committee members from suit 

Emmanuel Ebo Hawkson 2 minutes read

The Supreme Court has overruled an objection by the Attorney-General seeking an exclusion of members of the committee probing the Chief Justice from an injunction application.

A Deputy Attorney-General, Dr Justice Srem-Sai, today urged the court to remove the names of the committee members - Justices Gabriel Pwamang, Samuel Adibu-Asiedu, Daniel Domelevo, Major Flora Bazwaanura Dalugo and Professor James Sefah Dzisa from the injunction application filed by the Chief Justice, Justice Gertrude Sackey Torkornoo. 

Justice Torkornoo through the injunction application is urging the court to halt her suspension and the impeachment proceedings until the determination of her writ challenging the constitutionality of the probe against her. 

Moving the objection, Justice Srem-Sai submitted that Justice Torkornoo had indicated in her application that the members of the committee would not be affected by the writ.

In response, lawyer for the Chief Justice, Godfred Yeboah Dame, a former A-G, said the basis for removing a party from a suit was not whether the person will be affected by the suit but rather, whether he should be a party at all.

He argued that the applicant (Justice Torkornoo) had sought claims and reliefs against the committee members and therefore they are proper parties.

In a ruling, a five-member panel of the court, presided over by the Acting Chief Justice, Justice Paul Baffoe-Bonnie, held that the indication by the Chief Justice that the committee members will not be affected by the writ was not fatal and subsequently overruled the objection.

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