The Office of the Attorney-General (AG), has filed a motion at the Human Rights Court, seeking to strike out an application for Judicial Review filed by the Chief Justice (CJ), Justice Gertrude Torkornoo.
On Wednesday June 25, Justice Torkornoo, announced in a press conference that her lawyers, had filed the application at the Human Rights division of the High Court in Accra, asking the court to declare the entire process of the ongoing inquiry into allegations against her conduct in office, void, for lack of substance in the three petitions under investigations.
Justice Gertrude Torkornoo, was suspended in April, after the president in consultation with the Council of State, established a case of prima facia against her in three petitions, alleging misconducts against her.
Chief Justice Gertrude Torkornoo last Wednesday, June 23, 2025, questioned what she terms a disregard for the rule of law in the on-going inquiry into the allegations against her.
According to the suspended Chief Justice, the entire process, continues to violate fundamental principles of justice and endangers it holds for the development of the Ghana’s democracy. In her opinion, the allegations leveled against her, do not border on any of the stated misconduct under Article 146 of the 1992 Constitution and do not warrant her being investigated for any wrongdoing.
She told the media, her lawyers, filed an application at the High Court, urging the High Court to declare the proceedings of the committee void.
The Attorney-General on Monday July 1, 2025, filed its response to the said application, where he contends that the application for Judicial review filed by the Chief Justice, Justice Gertrude Torkornoo, is affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties to it.
Per the AG’s response, the non-inclusion of the essential parties to the application, go to capacity and to jurisdiction and, consequently renders the process a nullity.
The AG argues on that, the matters on which the application and the reliefs are sought, are based are matters which have either been previously decided by the Supreme Court, or are properly pending before it , for determination in a litany of cases.
According to the AG, the High Court, lacks the jurisdiction to consider or determine matters which have either been determined or pending before the Supreme Court and for that reason asked for the Human Rights Court, to strike out Justice Torkornoo’s application for judicial review.
The Chief Justice’s application for judicial review, mentions, the five member committee set up by the president under article 146 of the Constitution, 1992, to probe the petitions, chairman of the committee, Justice Gabriel Scott Pawamang, Justice Samuel Adibu-Asiedu, former Auditor-General, Daniel Yao Domelovo and Maj.
Flora Bazaawbnuba Dalugo and the the Attorney-General as respondents in the application. Hearing of the application is scheduled for July 15,2025
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