Justice Gertrude Torkornoo
A High Court in Accra has set July 31, 2025, to give a decision on an application filed by the Attorney General asking it to strike out a motion by suspended Chief Justice Gertrude Torkornoo seeking judicial review of certain happenings before the five-member committee probing three petitions calling for her removal.
Deputy Attorney General, Dr. Justice Srem Sai moved the application yesterday and urged the court to dismiss the originating motion on ground that the matters raised in it have either been determined or are currently before the Supreme Court.
The application was opposed by her lawyer, Kwabena Adu-Kusi, who relied on the affidavit on opposition and supporting exhibits.
Meanwhile, the court presided over by Justice Kwame Amoako has ordered both the Attorney General and Justice Torkornoo’s legal team to file written legal submission on some issues to be determined, including whether the matters in the originating motion have already been determined by the Supreme Court, and if so, which matters and by which specific Supreme Court decision(s).
The written statement is also to touch on whether the matters upon which the originating motions for judicial review and the reliefs sought therein are based on matters which are properly pending before the Supreme Court for determination, and if so, which specific matter(s)/grounds or relief(s) and which specific pending proceedings of the Supreme Court.
The court has also asked the parties to address it on whether it has jurisdiction to entertain sealed exhibits which have to do with the work of the Gabriel Pwamang Committee given the import of Article 146 of the Constitution.
Judicial Review
Justice Torkornoo is before the High Court seeking a review of some of the decisions of Gabriel Pwamang-led Committee probing the three petitions calling for her removal, describing them as arbitrary and unconstitutional.
She is 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 is 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 the President to the committee.
Justice Torkornoo is 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 is again asking 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 argues 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.
The Attorney General has also 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.
BY Gibril Abdul Razak