Suspended Chief Justice Torkornoo Accused of Abusing Court Process 

The Human Rights Division of the High Court in Accra, presided over by Justice Kwame Amoako, has struck out in its entirety an application for judicial review, filed by the suspended Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo. The Court found the action to be “an abuse of court process and filed without jurisdiction.”

In a ruling delivered in open court, Justice Kwame Amoako dismissed the Chief Justice’s originating motion, which had been filed on June 9, 2025 challenging the constitutionality and procedural fairness of the proceedings initiated by an Article 146 Committee, established to investigate petitions against her.

Neither the applicant nor the respondents were present in court during the ruling.

Representing the Chief Justice was lawyer Kwabena Adu-Kusi, while the Attorney General was represented by Deputy Attorney General, Justice Srem Sai. The AG waived any request for costs and the court accordingly made no order as to costs.

The Chief Justice’s application sought several forms of relief, primarily cantered on alleged breaches of her constitutional rights under Articles 23, 146, 280 and 296 of the 1992 Constitution, and procedural irregularities in the Committee’s handling of her case.

She argued that the Article 146 Committee had failed to properly serve her with the petitions, denied her legal representation during its sittings and had acted without lawful authority since no prima facie determination had been served to her.

However, the Court found that the reliefs sought, particularly reliefs 2, 3, 5, 6 and 7 and grounds I, III and IV were either already determined by the Supreme Court or were pending before it.

Justice Amoako emphasised that the High Court, as an inferior court, was bound by the decisions of the Supreme Court and could not review or duplicate issues already before that forum.

On Reginald Odoi’s Deposition

One of the key objections raised by the Chief Justice’s legal team related to an affidavit in opposition filed by Reginald Odoi, allegedly on behalf of all the respondents.

The CJ’s team argued that Mr. Odoi lacked authorisation and that paragraphs 4, 5 and 6 of his affidavit were incompetent, frivolous, vexatious and improperly before the court.

But the High Court disagreed. It found that no evidence had been submitted to demonstrate a lack of consent by the other respondents and ruled that, in the absence of any formal disclaimer, the deposition was deemed to have been properly authorised. The objection was accordingly dismissed.

Abuse of Court Process and Jurisdiction

Justice Amoako noted that only four elements of the Chief Justice’s application – reliefs 1, 4, 8 and ground II touched on the principle of natural justice (specifically the audi alteram partem rule). However, even those portions were not sufficient to rescue the application, given the broader jurisdictional issues and overlapping matters already before the Supreme Court.

The Court held that any attempt to review the in-camera proceedings of the Article 146 Committee or to interpret Article 146(8)—which shields such proceedings from public scrutiny—was outside its jurisdiction.

“The originating motion is struck out in its entirety for being an abuse of court process and for want of jurisdiction,” Justice Amoako concluded.

The ruling marks a significant moment in Ghana’s judicial history, with the unprecedented legal challenge from a sitting (though suspended) Chief Justice being dismissed in its entirety.

It remains to be seen whether the Chief Justice will seek redress at the Supreme Court or pursue other constitutional avenues as the Article 146 process continues.

Background

Chief Justice Torkornoo was suspended on April 22, 2025 after President John Mahama received three separate petitions against her.

A committee was established under Article 146(4) to investigate the claims. The CJ’s legal team has consistently argued that the process has been constitutionally flawed and marred by procedural irregularities

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