High Court sets July 31 for ruling on motion against Torkornoo's case

The High Court has pushed back its decision in the ongoing legal tussle between suspended Chief Justice Gertrude Torkornoo and the Attorney General. The court will now deliver its ruling on July 31, 2025, on a motion seeking to strike out the Chief Justice’s judicial review application.

Justice Torkornoo, who is facing impeachment proceedings under Article 146 of the 1992 Constitution, filed a certiorari application claiming the process violates her fundamental human rights.

Her latest legal challenge comes after the Supreme Court dismissed three separate injunction applications that sought to pause the impeachment process while questions around the constitutional provisions governing the removal of a sitting Chief Justice were clarified.

During Wednesday’s hearing, lawyers for both parties clashed over whether the Attorney General is required to provide additional details in response to a letter submitted by the Chief Justice’s legal team, filed as Exhibit CJ1.

Counsel for Justice Torkornoo, Kwabena Adu-Kusi and Solomon Aubin, argued that under Order 11 Rule 12(3) and (6) of the court’s rules, their request for “further and better particulars” is lawful and aimed at clarifying factual issues raised by the Attorney General’s motion to strike out not seeking legal advice.

They asked the court to compel the respondents to specify, among other things, which Supreme Court decisions or pending cases they are relying on, and which necessary parties were allegedly left out of the Chief Justice’s application.

On the other hand, the Attorney General’s representative, Dr. Justice Srem-Sai, opposed the request, dismissing it as improper and unnecessary.

"Respectfully, we do not believe that an adversary has a duty to provide a litigant with legal advice," Dr. Srem-Sai told the court. He added that the Chief Justice’s request appeared to be a tactical move aimed at undermining the motion to strike out, citing Ahinakwa II v. Okaija III as precedent that prohibits litigants from using court procedures to overreach an outstanding objection.

Justice Torkornoo’s team disagreed with that argument, contending the cited case dealt with procedural amendments and was unrelated to their request. They insisted that court rules allow parties to seek clarification where necessary for a proper response to allegations raised in affidavits.

They closed their submissions by formally asking the court to direct the Attorney General to furnish the requested particulars to ensure fairness and efficiency in resolving the matter.

Timelines for Submissions

After hearing both sides, the court issued timelines for the next steps:

The respondents/applicants (Attorney General and others) are to file their written submissions in support of their motion to strike out by close of day Monday, July 28, 2025.

The applicant/respondent (Chief Justice) must file her written submissions opposing the motion by Tuesday, July 29, 2025.

The court directed that both parties address eight key legal issues, including whether the Chief Justice’s application duplicates matters already decided or pending before the Supreme Court, the standing of the deponent to the motion, and whether the High Court has jurisdiction over exhibits from the Article 146 impeachment committee proceedings.

Parties are also required to file soft copies of their submissions by midnight on the respective dates.

The case has been adjourned to July 31, 2025, at 9:00 a.m., when the court will rule on whether to strike out the Chief Justice’s certiorari application.