Suspended Chief Justice Gertrude Araba Sackey Esaaba Torkornoo is set to know her fate on Thursday, July 31, 2025, at 9am when the Human Rights Division of the Accra High Court delivers its verdict on a motion filed by the Attorney General.

The Attorney General and Minister of Justice, Dr Dominic Akuritinga Ayine, is urging the High Court to dismiss an application for judicial review brought before it by Justice Torkornoo.

During court proceedings on July 23, 2025, the court directed both legal teams to file their written legal submissions in support of the motion to strike out the Chief Justice’s application by close of day on Monday, July 28, 2025.

Additionally, the court ordered that the Applicant/Respondent (Chief Justice) file her written submissions in opposition by Tuesday, July 29, 2025.

Also, all parties are expected to address the court on eight specific legal issues including whether the application duplicate matters already decided or pending before the Supreme Court, the authority of the deponent to the motion, and whether the High Court has jurisdiction to entertain exhibits from the Article 146 impeachment committee proceedings.

Both parties—the Attorney General, represented by his deputy, Justice Srem Sai, and Justice Torkornoo’s counsel, Kwabena Adu-Kusi and Solomon Aubin—are also required to file soft copies of their written submissions by midnight on the respective filing days.

Background

In court documents filed by Deputy Attorney General Dr Justice Srem Sai, the state argued that the issues raised by Justice Torkornoo have either already been resolved or are currently under consideration by the Supreme Court.

Justice Torkornoo has approached both the Supreme Court and now the High Court, seeking to halt her removal process following the determination of a prima facie case against her by President John Dramani Mahama.

She claims her constitutional rights have been violated, arguing that she was not adequately informed of the basis on which the President and the Council of State made a prima facie determination regarding the petitions against her.

Justice Torkornoo also alleges that she has been subjected to invasive searches when appearing before the committee and has questioned the neutrality of Justice Gabriel Scott Pwamang, who is participating in the proceedings despite being involved in a related case.

Consequently, the Attorney General has outlined several related cases that have either been determined by the Supreme Court or remain pending before it.

These include Justice Gertrude Araba Esaaba Torkornoo v The Attorney-General & 5 Others (J8/113/2025), Centre for Citizenship Constitutional Electoral Systems LBG (CenCes) v The Attorney-General & 2 Others (J1/20/2025), and Vincent Ekow Assafuah v The Attorney-General (J1/18/2025).

According to Dr Ayine, these ongoing or concluded matters render the current High Court application improper.

“The issues forming the basis of the originating motion have either been adjudicated by the Supreme Court or are pending before it. This Honourable Court is therefore urged to strike out the Chief Justice’s application for judicial review,” he said.

Justice Torkornoo was suspended by President John Dramani Mahama after the President, in consultation with the Council of State, found a prima facie case against her based on three petitions for her removal.

MAG/VPO

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