Court to rule on motion against Chief Justice Torkornoo’s application on July 31

The High Court has scheduled July 31, 2025, to deliver its ruling on a motion filed by the Attorney General seeking to strike out a judicial review application by the suspended Chief Justice, Gertrude Torkornoo.

The Chief Justice, who is currently facing impeachment proceedings under Article 146 of the 1992 Constitution, filed a certiorari application, arguing that the ongoing process infringes upon her fundamental human rights.

Her legal challenge follows the Supreme Court’s dismissal of three separate injunction applications, all aimed at halting the impeachment proceedings until a constitutional interpretation could be rendered regarding the process for removing a sitting Chief Justice.

During proceedings on Wednesday, legal counsel on both sides presented strong arguments over a contentious request for disclosure. Lawyers for the Chief Justice, Kwabena Adu-Kusi and Solomon Aubin, insisted that the Attorney General must provide “further and better particulars” relating to the content of Exhibit CJ1, a letter central to the matter.

Citing Order 11 Rule 12(3) and (6) of the court rules, the Chief Justice’s legal team argued that their request seeks factual clarification and not legal advice. They questioned which specific Supreme Court cases or legal decisions the Attorney General’s team was relying on, and which key parties were allegedly excluded from the original filing.

But opposing counsel, Dr. Justice Srem-Sai, appearing for the Attorney General, dismissed the request, describing it as procedurally inappropriate.

“Respectfully, we do not believe that an adversary has a duty to provide a litigant with legal advice,” Dr. Srem-Sai argued. He added that the move appeared to be a tactical attempt to pre-emptively undermine the Attorney General’s motion and cited Ahinakwa II v. Okaija III as a precedent barring such maneuvers.

The Chief Justice’s lawyers, however, countered that the cited case had no bearing on the current issue since it involved amendments, not a request for particulars. They maintained that the rules of court allow such disclosures where clarity is required to respond effectively to allegations raised in affidavits.

The court, after hearing arguments, issued a timeline for written submissions. The Attorney General and co-applicants are to file their legal arguments in support of the motion to strike out by Monday, July 28, while the Chief Justice’s team must respond by Tuesday, July 29. All submissions are to be filed both in hard and soft copy by midnight on the respective days.

The court has outlined eight legal issues to be addressed, including whether the Chief Justice’s application duplicates matters already decided or pending before the Supreme Court, the authority of the deponent to the motion, and the High Court’s jurisdiction in relation to exhibits from the Article 146 impeachment proceedings.

The matter has been adjourned to 9:00 a.m. on July 31, 2025, when the High Court is expected to rule on the Attorney General’s motion to strike out the Chief Justice’s application.

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