By Franklin Asare-Donkoh
The Accra High Court has ordered lawyers for former Chief Justice Gertrude Sackey Torkornoo to follow the proper procedure in withdrawing a case she filed on 23 June 2025, challenging her removal from office.
Presiding judge Justice Eugene Nyadu Nyantei blocked an attempt by her legal team to withdraw the suit orally, insisting they file the necessary processes instead.
Justice Torkornoo had filed a judicial review application on June 23, 2025, asking the High Court to strike out a petition by a group known as Shining Stars of Ghana. Her lawyers argued that the petition was fundamentally flawed, citing the group’s lack of registration and the anonymity of its members.
During a virtual hearing on Tuesday, September 9, 2025, the Deputy Attorney-General, Dr Justice Srem Sai, sought leave of the court to move a motion to strike out the case. However, before he could proceed, the lawyer for the former Chief Justice, Kwabena Adu-Kusi, informed the court that he had received instructions from his client to withdraw the application.
“My instructions are to withdraw the substantive application for judicial review filed on June 23, 2025. We will pray for leave to withdraw the application accordingly, in which case the application to strike out the motion for judicial review would not be necessary,” Mr Adu-Kusi said.
In response, Dr Justice Sai expressed disappointment at the manner in which Justice Torkornoo’s lawyers approached the court.
“We are embarrassed by the applicant’s move this morning, mainly because the proper course of action for a person who has filed an originating process is to file a notice of discontinuance and not show up in court and seek orally to withdraw. More so, when that party has had ample time to take that decision,” he said.
Dr Justice Sai, therefore, prayed the court to take appropriate action against the counsel for the former Chief Justice.
Mr Adu-Kusi pleaded with the court for a brief adjournment to follow the right procedure.
Justice Nyadu Nyantei then ordered the lawyer for the former Chief Justice to file the necessary processes to discontinue the case and adjourned proceedings indefinitely.
Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo was dismissed by President Mahama following recommendations by a Committee of Inquiry which investigated petitions seeking her removal.
In a statement on September 1, 2025, the President confirmed her removal from office, with a successor expected to be appointed in due course.
