General News of Monday, 7 July 2025

Source: www.ghanaweb.com

Suspended CJ Torkornoo seeks judicial review challenging dismissal of her injunction application

The suspended Chief Justice (CJ), Justice Gertrude Torkornoo, has filed for a judicial review challenging the unanimous dismissal of her application to halt her suspension and the ongoing impeachment proceedings against her.

A five-member panel of the court, presided over by the Acting Chief Justice, Paul Baffoe-Bonnie, on Wednesday, May 28, 2025, ruled that Justice Torkornoo’s application had no merit and subsequently dismissed it.

Court documents shared by The Law Platform indicate that the suspended Chief Justice filed the judicial review application as far back as June 2025.

In her review application, Justice Torkornoo is seeking virtually the same reliefs as those requested in her earlier, dismissed application.

She is asking the court to declare all proceedings of the five-member committee hearing the three petitions for her removal, chaired by Justice Gabriel Scott Pwamang, null and void, arguing that the process violates her human rights.

She also contends that she has not been served copies of the three petitions on which she is being tried, a failure she says renders the ongoing hearings “arbitrary, capricious, and unreasonable.”

The grounds she lists for the judicial review include the following:

• That the Respondents are not properly and legally constituted under Article 156 to conduct the quasi-judicial proceedings required of an Article 146 Committee.

• That the Respondents violated the audi alteram partem rule of natural justice and Article 282 of the 1992 Constitution on 15th May 2025, and further acted arbitrarily, unreasonably and capriciously in violation of Article 23 and Article 296 of the 1992 Constitution, leading to the conduct of void proceedings on that date.

• That the Respondents have, by failing to provide to the parties the Petition, Answer, and Prima Facie determination that are to form the basis for the enquiry, violated all constitutional requirements for the conduct of a full, impartial enquiry into their alleged terms of reference, thereby rendering the proceedings they are conducting null and void.

• That the Respondents have, by choosing to regulate the proceedings affecting the Applicant as adversarial litigation between the parties and subject to the High Court (Civil Procedure) Rules 2004, CI 47, without first serving on the parties authenticated pleadings that are to form the basis for the adversarial litigation, violated all requirements for the conduct of adversarial litigation, thereby rendering the proceedings they are conducting null and void.

The document also indicates that the Supreme Court has yet to set a date for the application to be heard.

Read the full document below:



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