By: Franklin ASARE-DONKOH
The Ministry of Justice and Attorney-General’s Department has filed an affidavit in opposition to an application by the immediate past Chief Justice and Justice of the Supreme Court, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, which seeks to invoke the supervisory jurisdiction of the High Court to challenge her removal from office.
The Attorney-General’s affidavit in opposition was filed by State Attorney Reginald Nii Odoi on September 23, 2025.
The affidavit in opposition argues that the application filed by the former CJ lacks merit and should be dismissed.
The Attorney-General explained that two separate petitions seeking Justice Torkornoo’s removal are still pending before the Article 146 Committee, stressing that under the Constitution, the contents of such petitions remain confidential until the President acts on the committee’s recommendations.
The Attorney-General has therefore urged the court to strike out portions of Justice Torkornoo’s affidavit that disclose details of the pending petitions, insisting that they are protected by the in camera rule.
On the substantive matter, the affidavit further explained that the office of the Chief Justice is unique and distinct from other judicial positions, requiring a fresh appointment rather than a promotion from within the judiciary.
Consequently, it argued, the removal of the Chief Justice automatically ends her ex-officio membership of the Supreme Court and other superior courts, adding that the inclusion of “Justice of the Supreme Court” in the presidential warrant of removal was only meant to clarify the law and remove any ambiguity about her status.
The Attorney-General concluded by urging the High Court to dismiss Justice Torkornoo’s motion, describing it as a proper case for the exercise of the court’s jurisdiction in favour of the state.
