The Human Rights Division of the Excessive Courtroom in Accra has dismissed a judicial overview utility filed by suspended Chief Justice Gertrude Torkonoo, ruling that the matter constituted an abuse of court docket course of and fell exterior the court docket’s jurisdiction.
Delivering the ruling, Justice Kwame Amoako said that the court docket couldn’t entertain the applying, which represents the second failed authorized try by the suspended Chief Justice to halt ongoing proceedings for her doable elimination beneath Article 146 of the 1992 Structure.
The judicial overview utility, filed on June 9, 2025, follows an earlier case Justice Torkonoo introduced earlier than the Supreme Courtroom, looking for constitutional interpretation. Although that case remains to be pending, her prior movement for an injunction to cease the impeachment proceedings—pending the Supreme Courtroom’s determination—was additionally dismissed.
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Particulars of the Software
In her Excessive Courtroom submitting, Justice Torkonoo sought 9 reliefs, together with declarations that the Article 146 committee investigating her had acted unlawfully. She requested the court docket to invalidate the committee’s work and prohibit it from continuing with out supplying her with authenticated copies of the petitions and responses.
Justice Amoako grouped the reliefs into two classes: these dismissed for being an abuse of court docket course of and people struck out resulting from lack of jurisdiction.
Reliefs Dismissed as Abuse of Course of
The court docket held that a number of points raised by the suspended Chief Justice had been already earlier than the Supreme Courtroom, rendering their re-litigation on the Excessive Courtroom improper. These included:
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Claims that the committee was performing unlawfully resulting from failure by the Registry to offer authenticated paperwork.
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A request to halt proceedings till such paperwork had been offered.
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Allegations that the committee was improperly conducting adversarial hearings.
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Claims that the committee’s composition was unconstitutional.
Justice Amoako decided that bringing these issues earlier than two separate courts amounted to duplicative litigation and an abuse of judicial course of.
Reliefs Dismissed for Lack of Jurisdiction
Different reliefs had been struck out as a result of they fell past the scope of the Excessive Courtroom’s authority. These included:
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Claims that Justice Torkonoo was denied a good listening to.
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Allegations that her authorized staff was barred from representing her throughout proceedings.
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Accusations of procedural breaches of constitutional and civil process guidelines.
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A request for certiorari to quash the committee’s sittings.
The decide emphasised that issues associated to Article 146 proceedings are shielded from judicial overview beneath Article 146(8), which mandates confidentiality and prohibits exterior interference within the committee’s work.
