The Human Rights Division of the High Court in Accra has ordered the suspended Chief Justice, Gertrude Sackey Torkornoo to serve her affidavit in opposition against the Attorney General’s application to strike out her action and proof service.
The order of the Court presided over by Justice Kwame Amoako was after the Court observed that there was no proof of service of her affidavit in opposition against AG request on record.
“There is no proof of service of the (suspended Chief Justice’s) affidavit in opposition to the Respondents/Applicants’ motion for an order to strike out filed on July 11, 2025,” the Court said
“Let the said affidavit in opposition be served and service thereof duly proved,” the Court added.
Justice Torkornoo, who has been suspended as the Chief Justice had filed an application for Judicial review alleging human rights violations following her suspension.
Currently, a five member committee has been set up in accordance with article 146 of the 1992 Constitution to inquire into three petitions against her.
Following her action, the Attorney General had filed a counter action on July 1 for her action to be struck out because same matter is pending before the Supreme Court.
In Court on Tuesday, July 15, 2025 l, Reginald Nii Odoi, a State Attorney communicated the Attorney General’s message to the Court of he and his deputy unavailability due to another national assignment outside the jurisdiction and prayed for an adjournment
“I have the express instructions of the Honourable Attorney General to seek an adjournment of this matter to next week.
“The reason is that the honorable AG and his deputy who are personally in charge of this matter are out of the jurisdiction dealing an equally important matter on behalf of tel he state,” he said
“I have informed counsel on the other side of this development and he is not opposed. We have conferred and subject to the diary of this court proposed that the matter be adjourned to Wednesday July 23, 2025,” he prayed.
Speedy hearing
Kwabena Adu Kusi, Counsel for the suspended Chief Justice said he was not opposed to the request but urged for expedited hearing due to public interest.
“As my friend has said, he just informed me at the Bar that the honorable AG is unable to attend the Court. We just are left with no option than to agree to the suggestion for adjournment.
“By the nature of the proceedings and the public interest attendance to it, we require some speed. We are normally before the first respondents on Mondays Tuesday and Thursdays and that leave us with Wednesday and Friday.
“We are happy if your Lordship could accommodate us on Wednesday July 23 to enable us resolve this matter expeditiously (quickly),” Counsel prayed.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah reports that Justice Gertrude Torkornoo was absent in Court.
Background
On July 1, the Attorney General (AG) filed an application at the Human Rights (Division) of the High Court in Accra to “Strike out” Chief Justice’s earlier Application for Judicial Review alleging violations of her human rights.
The application, stated that the Chief Justice Gertrude Sackey Torkornoo’s application has been affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties to the motion, which renders the originating process a nullity.
It added that, either the application has been dealt with by the Supreme Court or is still pending before the apex court, and therefore, the High Court cannot review the same matter.
The suspended Chief Chief in her application for Judicial Review, challenges the propriety of the five member Committee investigating the merit and raises some alleged human rights violations.
In her action, she sued the Article 146 Committee, (1st Defendant) and its Chairman of the Committee, Justice Gabriel Scott Pwamang (2nd Defendant).
She named Justice Samuel Kwame Adonu-Asiedu, a Justice of the Supreme Court and a committee member as (3rd Defendant), Daniel Yao Domelevo, (4th Defendant), Major Flora Bazaawaabnuba Dalugo, (5th Defendant), Prof. James Sefah DZISAH, (6th Defendant) and Attorney General (7th Defendant).
In an affidavit in Support to the motion disposed to by Reginald Nii Odoi, a State Attorney at the AG’s Office stated that the Deputy AG Dr Justice Srem-Sai will have the motion moved on July 1
The AG’s affidavit in support of the action to strike out the motion argued that the Chief Justice’s application is affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties to the motion, which renders the originating process a nullity.
The affidavit of the AG highlighted earlier actions dealt with by the Supreme Court since the suspension of the CJ.
“That I am advised, and I verily believe the same to be true that the Applicant/Respondent’s originating motion is affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties to the motion.
“That I am advised, and I verily believe the same to be true that misstatement of capacity or non-inclusion of mandatory and essential parties to a motion go to capacity and to jurisdiction and, thus, render the originating process a nullity,” the motion stated.
It also highlighted several cases pending before the Supreme Court that are related to the Chief Justice’s application, including: Her Ladyship, Justice Gertrude Araba Esaaba Torkornoo v The Attorney-General & 5 Others (Suit No. J8/113/2025).
The rest are – Centre for Citizenship Constitutional Electoral Systems LBG (CenCes) v the Attorney-General & 2 Others (Suit No. J1/20/2025), Vincent Ekow Assafuah v The Attorney-General (Suit No. J1/18/2025)
Ebenezer Osei-Owusu v The Attorney-General (Suit No. J1/19/2025) and Theodore Kofi Atta-Quartey v Attorney-General (Suit No. J8/109/2025)
The affidavit in support stated further that the High Court lacks jurisdiction to consider or determine matters that have been previously decided by the Supreme Court or are properly pending before the Supreme Court for determination.
Therefore, the Attorney General is seeking an order to strike out the Chief Justice’s application for judicial review.
Source: Starrfm.com.gh
