Torkornoo’s Injunction Application Thrown Out

Suspended Chief Justice Gertrude Torkornoo

The Supreme Court has rejected an application from suspended Chief Justice Gertrude Torkornoo. She sought to stop the presidential committee investigating her potential removal. The ruling is a significant legal setback for her.

A five-member bench made the decision. Justices Paul Baffoe-Bonnie, Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Richard Adjei-Frimpong unanimously dismissed her request. They also struck out a supplementary affidavit she filed.

Deputy Attorney General Dr. Justice Srem-Sai argued to dismiss several defendants in the case. He claimed only the Attorney General was affected by the reliefs sought in Torkornoo's writ from May 21, 2025.

Justice Tanko Amadu questioned this approach. He noted that such objections should be raised formally for proper response.

Former Attorney General Godfred Yeboah Dame represented Torkornoo. He called the objection “unmeritorious,” arguing all defendants were implicated despite naming issues. The Court agreed with him and ruled that not naming all parties did not harm the case.

The Deputy Attorney General also wanted to strike out Torkornoo’s supplementary affidavit from May 26, 2025. He argued it breached Article 146(8) of the Constitution regarding confidentiality in judge removal proceedings.

He cited previous cases to support his claim about unconstitutional references in the affidavit. Mr. Dame countered that it did not disclose committee “proceedings” as defined constitutionally.

The Court ruled otherwise, stating that details in the affidavit violated Article 146(8). They unanimously struck out the supplementary affidavit.

Allegations of Bias and Fair Trial

Godfred Dame argued that Torkornoo was not properly informed of a prima facie determination by the President under Article 146. He pointed to an April 22, 2025 letter from the President as insufficient evidence.

Dame insisted this procedural lapse violated her right to a fair hearing and due process. He raised concerns about bias among committee members Justices Gabriel Pwamang and Adibu-Asiedu due to their prior involvement in related cases.

The Deputy Attorney General rebutted these claims, citing previous court rulings on similar concerns. Justice Baffoe-Bonnie questioned suggesting bias among senior judges without clear evidence.

He emphasized the judiciary’s independence and integrity by stating, “We took an oath.”

Final Ruling: Injunction Dismissed

Torkornoo's main plea was for an interlocutory injunction against committee proceedings until broader constitutional questions were resolved. She claimed irreparable harm would occur if proceedings continued without clarity on proper procedures.

Mr. Dame stressed this was the first time Torkornoo appeared before the Court directly affected by these issues. He argued serious constitutional questions warranted intervention.

Justice Kulendi pushed back against Dame’s plea for a blanket ban on future injunction applications in this matter. “You expect us to issue a pre-emptive decree?” he asked.

In its final ruling, the Court found no merit in Torkornoo's application and dismissed it unanimously. The justices stated there were no sufficient legal grounds to halt the committee’s work.

Full reasons for their decision will be available on June 12, 2025.