The Attorney General (AG) has filed a motion urging the High Court to strike out a lawsuit filed by suspended Chief Justice Gertrude Torkornoo against the Shining Stars petition seeking her removal.
The AG’s office argued that the matter is already pending before a committee established under Article 146(6) of the Constitution, which investigates petitions against judges, including the Chief Justice.
In the lawsuit filed on June 23, Justice Torkornoo is seeking among other things a declaration that Shining Stars’s petition does not exist in law, alleging that there are no records showing the organisation’s existence.
However, the Attorney General, through his deputy Dr. Justice Srem-Sai, filed a motion on notice on August 12, 2025, urging the court to strike out the suit.
The AG’s argument hinged on the constitutional provision that proceedings under Article 146 should be held in camera, emphasizing that the committee established to investigate the petitions against Justice Torkornoo is the appropriate forum for this matter.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the application would be moved on August 25, 2025 virtually, before a vacation Court.
The AG in its affidavit in support of the motion deposed to by Reginald Nii Odoi, a State Attorney stated that, “the matters in respect of which the Respondent filed the motion for judicial review are matters which relate to or are entirely on the activities and the subiect matter of the committee which the President and the Council of State have set up in accordance with Article 146 of the Constitution to inquire into the petition for the removal of the Respondent from the office of the Chief Justice.
“That I am advised, and I verily believe the same to be true that matters which relate to or on the activities and the subiect matter of the committee which the President and the Council of State set up in accordance with Article 146 of the Constitution toinquire into a petition for the removal of a person from the office of the Chief Justice are to be heard in camera (rather than in open court).
“That – being on matters which relate to or are on the activities and the subject matter of the committee which the President and the Council of State have set up in accordance with Article 146 of the Constitution to inquire into the petition for the removal of the Respondent from the office of the Chief Justice – the issues raised by the originating motion are not admissible in this honourable Court.
“That, in any case, the so-called “TheShinning Stars of Ghana” might well be an unincorporated (rather than incorporated) body of persons.
“That I am advised, and I verily believe the same to be true that a body of persons- whether named or not named and, fi named, by whichever name – needs not be incorporated or registeredt o exist at law.
“That, further, I am advised, and I verily believe the same to be true that the claim is wholly misconceiveda t law which says that a body of persons is non-existent on grounds only that the name by which it is styled is not found on the register of companies.
“That, finally, I am advised, and I verily believe the same to be true that this is a proper case where this honourable Court ought to exercise its jurisdiction to strike out the Respondent’s originating motion for judicial review.”
Source: Starrfm.com.gh
