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 case constituted an abuse of court process and that the court lacked jurisdiction to entertain the matter.
The ruling, delivered by Justice Kwame Amoako, marks the failure of a second legal attempt by Justice Torkonoo to challenge the Article 146 impeachment proceedings initiated for her potential removal from office.
It follows a pending constitutional interpretation case she filed at the Supreme Court and a previously dismissed injunction application aimed at halting the proceedings.
Filed on June 9, 2025, the judicial review sought nine reliefs, including declarations that the investigative committee set up under Article 146 was acting unlawfully.
Justice Torkonoo also asked the High Court to quash the committee’s proceedings and prohibit it from continuing without first supplying her with authenticated copies of petitions and responses.
Court’s Ruling: Two Grounds for Dismissal
Justice Amoako grouped the reliefs into two categories:
1. Reliefs Dismissed as Abuse of Court Process
The court held that several of the reliefs overlapped with those already raised before the Supreme Court, making them duplicative. These included:
- Allegations that the committee lacked legal authority due to missing authenticated documents;
- Requests to halt proceedings until those documents were provided;
- Claims that the committee was improperly adversarial;
- Assertions that the committee’s composition was flawed.
Justice Amoako ruled that relitigating these issues at the High Court while they are already pending before the Supreme Court constituted an abuse of the judicial process.
2. Reliefs Dismissed for Lack of Jurisdiction
Other reliefs were dismissed on the grounds that the High Court had no jurisdiction under Article 146(8), which mandates that proceedings of such committees be held in-camera and shielded from judicial scrutiny. These included:
- A request to nullify the committee’s hearings due to alleged denial of a fair hearing;
- Complaints that her legal team was barred from representing her;
- Alleged violations of constitutional and procedural rules;
- An application for certiorari to quash the committee’s work.
The court held that it was constitutionally barred from intervening in the internal workings of the Article 146 committee.
Broader Implications
The ruling further limits the legal options available to the suspended Chief Justice as she challenges the legitimacy and conduct of the impeachment process.
With the Supreme Court case still pending, it remains to be seen whether her arguments will find more traction at the highest judicial level.
Justice Torkonoo’s suspension and the subsequent investigation have drawn national attention, given her role as the head of the judiciary and the rare invocation of constitutional procedures for removing a sitting Chief Justice.
