ACCRA, April 17, 2025 — Ghana’s Attorney General and Minister for Justice, Dr. Dominic Ayine, has firmly pushed back against calls urging President John Dramani Mahama to halt proceedings on a petition seeking the removal of the Chief Justice, despite the matter currently being contested before the Supreme Court.
This comes after yet another adjournment of the court hearing due to the absence of Justice Samuel Asiedu, one of five judges presiding over the case. Presiding judge Her Ladyship Henrietta Mensah Bonsu attributed the delay to “unavoidable problems.”
The injunction application, filed by former Attorney General Godfred Yeboah Dame, seeks to stop both the President and the Council of State from taking any further steps on the matter until the Court rules on the constitutionality of the process.
President Has a Constitutional Mandate – Ayine
But Dr. Ayine insists that, in the absence of a court-issued restraining order, President Mahama is constitutionally required to proceed with the petition.
“He has applied to the court, and the court is yet to make an order. So, if he is saying that the President must hold on, is he suggesting the court has already issued such an order?” Ayine questioned.
He further emphasized the President’s constitutional duty to act unless explicitly barred by a court directive.
“The law is very clear: you cannot enjoin the conduct or performance of a public function unless a lawful order has been made,” he added.
Growing Legal and Political Implications
The case has sparked heated national debate, as it presents a rare test of executive power versus judicial oversight, especially regarding the procedure for removing a sitting Chief Justice. Legal analysts suggest the pending ruling could redefine executive-judiciary relations in Ghana and set a major precedent for future constitutional interpretations.
Many are closely watching whether the Supreme Court will assert authority to pause a sitting President’s constitutional actions or defer to executive discretion in the absence of immediate legal restraint.
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