Chief Justice Gertrude Torkornoo
A High Court in Accra has dismissed an application for judicial review filed by suspended Chief Justice Gertrude Torkornoo, challenging the proceedings taking place before the five-member Justice Pwamang Committee probing three petitions calling for her removal.
The court, presided over by Justice Kwame Amoako, without determining the merits of the application, agreed with the Attorney General that the matters raised by the suspended Chief Justice are currently pending before the Supreme Court.
This, the court said, constituted abuse of judicial process, adding that it did not have jurisdiction to determine a case that is already before the Supreme Court.
The court also held that it does not have jurisdiction to determine 146 proceedings, insisting that it does not have jurisdiction to interpret Article 146(8) of the 1992 Constitution.
Justice Torkornoo was before the High Court seeking a review of some of the decisions of the Gabriel Pwamang-led Committee probing the three petitions.
She was seeking a declaration that to the extent that the registry of the Committee has failed to give the parties in the probe the authenticated copies of the three petitions and her response, to establish the authenticated petitions and answers is arbitrary, capricious and unreasonable and violates Articles 23 and 296 of the Constitution.
She was therefore, asking the court to prohibit the Committee from undertaking any proceedings, without its registry providing the parties with the authenticated copies of the petitions and responses forwarded by President John Mahama to the Committee.
Justice Torkornoo was also asking the court to declare the Committee’s proceedings of May 15, 22, 23, 26 and 30, 2025 null and void for being in breach of Articles 23, 146, 280, 295 of the Constitution as well as Order 2 Rule 2, Order 2 Rule 7, Order 7 Rule 3(1), Order 32 and Order 34 Rule 2(2) of the High Court (Civil Procedure) rules.
She again asked the court for a declaration that the proceedings of the Committee, to the extent that it is being conducted as adversarial litigation without authentication of petitions and answers filed in the registry of the Committee is unconstitutional, null and void.
Finally, Justice Torkornoo argued that the Committee is not properly and lawfully constituted pursuant to Article 156(1) of the Constitution, therefore, all proceedings undertaken before it are wrongful, illegal, unconstitutional and void. She is asking the court to quash all the proceedings.
Objection
However, the Attorney General, Dr. Dominic Ayine filed an application before the court asking it to strike out the application for judicial review on ground that all the matters raised in it have either been dealt with or currently pending before the Supreme Court.
“This is a proper case where this honourable court ought to exercise its jurisdiction to strike out the applicant/respondent’s originating motion for judicial review,” the motion argued.
Justice Amoako, in his ruling, held that it lacked jurisdiction to entertain the alleged violations taking place before the Committee, as it is mandated to carry out the probe in-camera.
BY Gibril Abdul Razak