By Nadia Ntiamoah
The Human Rights Division of the High Court in Accra has adjourned the much-anticipated hearing of the Attorney-General’s motion seeking to strike out a judicial review application filed by the suspended Chief Justice, Justice Gertrude Sackey Torkornoo.
The case, now scheduled for July 23, 2025, forms part of a growing legal and political storm surrounding her controversial suspension earlier this year.
Justice Torkornoo, who was suspended by President John Dramani Mahama in April 2025 after a prima facie case was established by the Council of State over three petitions filed against her, is challenging what she describes as a constitutionally flawed and rights-violating impeachment process.
Her application to the High Court argues that the ongoing inquiry into her conduct lacks merit and fails to meet the legal thresholds for removal under Article 146 of the 1992 Constitution.
Government Pushback: Attorney-General Moves to Dismiss the Case
The Attorney-General, Dr. Dominic Ayine, has responded by filing a motion to strike out the judicial review application.
He contends that the Chief Justice’s suit suffers from a fundamental legal defect, notably a misstatement of legal capacity and the failure to include necessary parties to the case—an omission he argues renders the suit invalid.
Furthermore, the Attorney-General maintains that the High Court lacks jurisdiction to entertain matters that either fall within the exclusive purview of the Supreme Court or are already under the Supreme Court’s consideration.
But when the court convened on Tuesday, July 15, the absence of both Dr. Ayine and his deputy, Dr. Justice Srem-Sai—reportedly on official assignment outside Ghana—led to a delay in proceedings.
Representing the state, Senior State Attorney Reginald Nii Odoi requested an adjournment on their behalf.
Chief Justice’s Counsel: Speed is Essential
Counsel for the suspended Chief Justice, Kwabena Adu Kusi, did not oppose the adjournment request but stressed the importance of ensuring an expedited trial. Given the significance of the matter to constitutional order and public interest, he called for the court to avoid unnecessary delays.
In response, Justice Kwame Amoako, presiding over the case, instructed Justice Torkornoo’s legal team to serve the Attorney-General with her affidavit in opposition to the state’s motion to strike out her judicial review application.
Background: Torkornoo’s Suspension and the Constitutional Questions
Justice Gertrude Torkornoo is Ghana’s first Chief Justice to face an impeachment process in the Fourth Republic.
Her suspension in April followed the President’s decision—based on the Council of State’s advice—that the petitions against her warranted a formal inquiry.
Though the specific details of the petitions have not been made public, sources within the Judicial Service suggest they involve allegations bordering on abuse of office and improper conduct.
Chief Justice Torkornoo, however, insists the allegations do not fall within the constitutional definitions of “stated misbehaviour” or “incompetence” and thus do not merit impeachment.
In her affidavit, she has argued that the process against her constitutes a gross violation of her rights to fair hearing, natural justice, and administrative fairness.
She has accused the presidency and other state actors of attempting to sideline the judiciary for political purposes—raising alarms about the broader implications for judicial independence and the rule of law.
