Justice Gertrude Torkornoo
Suspended Chief Justice Gertrude Torkornoo’s fate hangs in the balance as a High Court in Accra has set July 23, 2025, to hear the Attorney General’s application asking it to strike out a motion she filed for judicial review of certain happenings before the five-member committee probing three petitions calling for her removal.
The court, presided over by Justice Kwame Amoako, had to adjourn the case because Reginald Nii Odoi, a State Attorney at the Office of the Attorney General had indicated that both the Attorney General, Dr. Dominic Ayine and his deputy are out of jurisdiction on an equally important assignment.
He said he had communicated the development to counsel on the other side, adding that the Attorney General and his deputy are personally handling the matter.
Kwabena Adu Kusi, counsel for Justice Torkornoo, did not oppose the request for adjournment, but prayed the court for an expedited hearing due to the public interest in the matter.
He also told the court that due to the committee’s hearing which are held on Mondays, Tuesdays and Thursdays, Justice Torkornoo could only be available on Wednesdays and Fridays and, therefore, urged the court to adjourn the case to these days.
Justice Amoako subsequently adjourned the case to July 23, 2025 for the application to strike out the judicial review motion to be heard.
Meanwhile, the court has directed Justice Torkornoo’s legal team to ensure their affidavit in opposition to the AG’s application is served with proof of service.
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 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