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The Human Rights Division of the High Court in Accra has dismissed a judicial review application filed by suspended Chief Justice Gertrude Torkonoo, ruling that the matter constituted an abuse of court process and fell outside the court’s jurisdiction.
Delivering the ruling, Justice Kwame Amoako stated that the court could not entertain the application, which represents the second failed legal attempt by the suspended Chief Justice to halt ongoing proceedings for her possible removal under Article 146 of the 1992 Constitution.
The judicial review application, filed on June 9, 2025, follows an earlier case Justice Torkonoo brought before the Supreme Court, seeking constitutional interpretation. Though that case is still pending, her prior motion for an injunction to stop the impeachment proceedings—pending the Supreme Court’s decision—was also dismissed.
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Details of the Application
In her High Court filing, Justice Torkonoo sought nine reliefs, including declarations that the Article 146 committee investigating her had acted unlawfully. She requested the court to invalidate the committee’s work and prohibit it from proceeding without supplying her with authenticated copies of the petitions and responses.
Justice Amoako grouped the reliefs into two categories: those dismissed for being an abuse of court process and those struck out due to lack of jurisdiction.
Reliefs Dismissed as Abuse of Process
The court held that several issues raised by the suspended Chief Justice were already before the Supreme Court, rendering their re-litigation at the High Court improper. These included:
Claims that the committee was acting unlawfully due to failure by the Registry to provide authenticated documents.
A request to halt proceedings until such documents were provided.
Allegations that the committee was improperly conducting adversarial hearings.
Claims that the committee’s composition was unconstitutional.
Justice Amoako determined that bringing these matters before two separate courts amounted to duplicative litigation and an abuse of judicial process.
Reliefs Dismissed for Lack of Jurisdiction
Other reliefs were struck out because they fell beyond the scope of the High Court’s authority. These included:
Claims that Justice Torkonoo was denied a fair hearing.
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Allegations that her legal team was barred from representing her during proceedings.
Accusations of procedural breaches of constitutional and civil procedure rules.
A request for certiorari to quash the committee’s sittings.
The judge emphasised that matters related to Article 146 proceedings are shielded from judicial review under Article 146(8), which mandates confidentiality and prohibits external interference in the committee’s work.