By: Barbara Kumah
The Human Rights Court in Accra has adjourned to July 23rd, the hearing of a case filed by the Attorney-General to strike out suspended Chief Justice’s application for Judicial Review over alleged human rights violations.
Chief Justice Gertrude Sackey Torkornoo has alleged breaches of her rights in her impeachment process and therefore asking the Human Rights Court to declare the entire proceedings in the ongoing inquiry into the allegations against her null and void, for lack of substance in the petitions.
In court on Tuesday morning, a state attorney, Reginald Odoi, informed the court of the absence of both the Attorney-General and his deputy, outside the jurisdiction and asked for short adjournment pending their return, to conduct the case on behalf of the state.
The Attorney-General, Dr Dominic Ayine wants the court to strike out the application for judicial review, filed by the chief justice, Justice Gertrude Sackey Torkornoo, arguing that it is affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties.
According to the Attorney-General, non-inclusion of essential parties to the suit renders it null and void. Dr Ayine also contends that the High Court, lacks jurisdiction to consider or determine matters already determined or pending before the Supreme Court and is accordingly urging the court to strike out Chief Justice Torkornoo’s application.
The absence of the Attorney-General and his deputy Dr Justice Srem-Sai affected hearing of the motion. A State Attorney Reginald Nii Odoi, informed the court that the two officials are out of the jurisdiction on a national assignment and have requested an adjournment of the matter. Although Counsel for the Chief Justice, Kwabena Adu Kusi did not oppose the adjournment, he urged that the matter is speedily determined considering the nature of the proceedings and the public interest.
Chief Justice Torkornoo, was suspended in April, after President John Mahama in consultation with the Council of State, established a prima facie case against her in three petitions against her.
The Chief Justice has alleged disregard for the rule of law in the inquiry into the petitions against her.
According to the Chief Justice, the entire process violates the fundamental principles of justice which endangers the development of the country’s democracy. She claims that the allegations leveled against her, do not bother on any of the stated misconduct under Article 146 of the Constitution.
Justice Kwame Amoako ordered lawyers for the Chief Justice to serve the Attorney-General with her affidavit in opposition to the motion for an order to strike out her application for judicial review.
