BY Issah Olegor
The Accra High Court has directed lawyers for former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo to follow due legal procedure in withdrawing their challenge to her controversial removal from office by President John Dramani Mahama.
On Tuesday, September 9, 2025, Justice Eugene Nyadu Nyantei presided over a virtual sitting in which counsel for the former Chief Justice, Kwabena Adu-Kusi, attempted to orally discontinue a judicial review application filed earlier in June.
The court, however, rejected the move, stressing that formal processes must be adhered to.
Background
Chief Justice Torkornoo, who was dismissed on September 1, 2025, by President Mahama following recommendations of a Committee of Inquiry, has consistently disputed the legitimacy of the petition that triggered her removal.
The petition was filed by a group calling itself Shining Stars of Ghana. Her legal team argued that the group was neither registered nor identifiable, rendering its petition “fundamentally flawed.”
On June 23, she filed an application at the High Court seeking to strike out the petition.
That challenge set up a legal showdown with the state, represented by the Deputy Attorney-General, Dr. Justice Srem Sai.
Tuesday’s Proceedings
At the hearing, the Deputy Attorney-General, Dr. Srem Sai was prepared to move a motion seeking to have the case struck out.
But before he could, Adu-Kusi informed the court that his client had instructed him to discontinue the matter altogether.
“My instructions are to withdraw the substantive application for judicial review. Application filed on June 23, 2025. We will pray for leave to withdraw the application accordingly, in which case the application to strike out motion for judicial review would not be necessary,” he stated.
The Deputy Attorney-General sharply criticized the approach. “We are embarrassed by the applicant’s move this morning,” he told the court, explaining that the proper procedure for discontinuing an originating process was by filing a notice of discontinuance, not by seeking oral leave during a hearing.
He noted that Justice Torkornoo’s team had “ample time” to take the right steps before appearing.
Justice Nyadu-Nyantei sided with the state, ordering Adu-Kusi to file the necessary documents to properly discontinue the matter. The case was then adjourned indefinitely.
Wider Implications
The legal tussle comes at a sensitive time for the judiciary, with Chief Justice Torkornoo’s removal sparking debate about executive interference and judicial independence.
The President’s decision to remove her has been heavily criticized by opposition parties and civil society organizations, who argue that the process undermined constitutional safeguards.
Meanwhile, Chief Justice Torkornoo has also taken her battle to the international stage.
She has lodged a case with the ECOWAS Community Court of Justice, where she is seeking reinstatement to her post, along with full entitlements.
The regional court is expected to make a ruling in the coming weeks, a decision that could have far-reaching consequences for Ghana’s governance and the balance of power between the executive and judiciary.
