High Court to Rule on Motion to Strike Out Chief Justice’s Application on July 31

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The High Court has adjourned proceedings in the high-profile legal standoff between suspended Chief Justice Gertrude Torkornoo and the Attorney General, setting July 31, 2025, as the date to deliver its ruling on a motion seeking to strike out the Chief Justice’s application for judicial review.

Justice Torkornoo is challenging her ongoing impeachment process, claiming it violates her fundamental human rights under the 1992 Constitution. Her certiorari application follows three failed attempts to secure injunctions from the Supreme Court to halt the impeachment process pending constitutional interpretation.

Dispute Over Legal Disclosure

In Wednesday’s court session, the legal teams clashed over whether the Attorney General is required to provide “further and better particulars” regarding assertions made in their motion to strike out. The Chief Justice’s legal counsel, Kwabena Adu-Kusi and Solomon Aubin, argued that the court rules under Order 11 Rule 12(3) and (6) allow such a request, especially where factual clarity is sought—such as which pending Supreme Court cases are referenced or who the “omitted parties” in the original suit are.

However, Dr. Justice Srem-Sai, representing the Attorney General, rejected the request, stating:

“Respectfully, we do not believe that an adversary has a duty to provide a litigant with legal advice.”

He cited the case of Ahinakwa II v. Okaija III, asserting that it is improper to preemptively seek to weaken a pending motion.

Chief Justice’s Response

Justice Torkornoo’s legal team dismissed the relevance of the Ahinakwa case, arguing that it pertained to procedural amendments—not requests for particulars. They contended that their inquiries were strictly factual and necessary for an effective legal response.

Court’s Directions

Following the legal arguments, the court issued the following directives:

The Attorney General and co-respondents must file written submissions in support of their motion by Monday, July 28, 2025.
The Chief Justice must submit her response by Tuesday, July 29, 2025.
All parties must submit soft copies of their submissions by midnight on their respective deadlines.

The court also outlined eight specific legal issues to be addressed, including:

Whether the certiorari application is duplicative of matters already ruled on or pending before the Supreme Court.
The jurisdiction of the High Court to entertain exhibits from the Article 146 impeachment committee.
The authority and standing of the deponent who filed the motion on behalf of the Attorney General.

Awaiting Court’s Ruling

The matter will reconvene on Thursday, July 31 at 9:00 a.m., when the High Court is expected to deliver a ruling on whether Justice Torkornoo’s application will proceed or be struck out.

This ruling could significantly impact the trajectory of the impeachment proceedings and the broader legal debate surrounding the powers and protections of top judicial officers in Ghana.

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