The Human Rights Division 1 of the Accra High Court has dismissed a judicial review application filed by lawyers for the suspended Chief Justice, Justice Gertrude Torkornoo, describing the case as lacking merit and constituting an abuse of the judicial process.
The ruling, delivered on July 31, effectively brings an end to efforts by the embattled Chief Justice to halt proceedings related to her suspension.
The application followed an earlier request for constitutional interpretation filed by Justice Torkornoo at the Supreme Court. That case remains pending, after the apex court had previously dismissed an attempt to injunct the work of the committee investigating the petition against her.
Presiding judge, Justice Amoako, grouped the issues raised in the application into two categories:
Abuse of Judicial Process
The court dismissed the following reliefs as re-litigation of matters already before the Supreme Court:
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Claims that the committee was acting ultra vires due to the Registry’s failure to provide authenticated petition documents.
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A request to bar the committee from proceeding without these documents.
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Allegations that the hearings were adversarial rather than impartial.
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Claims that the composition of the committee was unlawful.
The judge ruled that these amounted to duplicity and violated the principles of common law, as the same issues were already pending before the apex court.
Lack of Jurisdiction
The court also declined jurisdiction over:
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Claims that the Chief Justice was denied a fair opportunity to respond to the petition.
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Allegations that her legal counsel was not fully recognized during the committee’s initial proceedings.
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Assertions of procedural and constitutional breaches throughout the hearings.
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An application for certiorari to quash the committee’s work.
Justice Amoako explained that the High Court could not entertain these matters due to the constitutional provisions in Article 146, which require proceedings involving the removal of justices to be held privately.
The ruling has significant implications for the suspended Chief Justice’s legal strategy, as she awaits the outcome of her petition before the Supreme Court.
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Story by Sika Togoh|univers.ug.edu.gh