Another L: Supreme Court dismisses Torkornoo's suit to halt impeachment process

Supreme Court Dismisses Chief Justice Torkornoo's Application to Halt Impeachment

The Supreme Court has dismissed Chief Justice Getrude Torkornoo's application. She sought an injunction to stop her potential removal from office. The ruling was made on May 28 by a unanimous decision of five judges.

Torkornoo, currently suspended, called the impeachment proceedings a ruse. She described them as a mockery of justice. Torkornoo also claimed that the attempts to impeach her are unjust and inhumane.

In court documents, she requested an order to bar certain justices from participating in the investigation. These justices include Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu. Other committee members mentioned are Daniel Yao Domelevo, Major Flora Bazuwaaruah Dalugo, and Professor James Sefah Dziasah.

During the proceedings, the Supreme Court struck out a supplementary affidavit filed by Torkornoo. This affidavit contained allegations against the committee’s proceedings. The court ruled that its contents referred to events expected to remain private.

On May 21, Torkornoo filed an application against a committee set up by President John Mahama. She sought an interlocutory injunction to halt all committee proceedings until her case is resolved. So far, Mahama has received five petitions for her removal.

The committee began investigating based on three petitions accusing Torkornoo of misconduct and abuse of power. Mahama suspended her in April after finding substance in these allegations.

This suspension marks a first in Ghana's history. A committee has been established to investigate claims against the Chief Justice under Article 146 of Ghana's 1992 Constitution. The suspension led to protests organized by opposition groups.

Initially, copies of the petitions against Torkornoo were not provided to her. This raised concerns about due process but were dismissed in a lawsuit at the Supreme Court initiated by MP Vincent Ekow Assafuah.

The Supreme Court also rejected an injunction application from CenCES aimed at halting the impeachment process. In a supplementary affidavit, Torkornoo criticized the Justice Pwamang Committee and its choice of venue for hearings at Osu Castle.

She noted this location is a security zone and inconsistent with previous inquiries held at the Judicial Service’s Court Complex. Additionally, she expressed concerns about the lack of legal basis for establishing substantial claims against her.