Justice Torkornoo loses Supreme Court fight to stop probe
By: Ernest Afram
Suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has suffered another legal blow in her attempt to stop the committee investigating petitions for her removal from office.
On Wednesday, May 28, the Supreme Court unanimously dismissed her application for an interlocutory injunction, which sought to restrain the committee established by President John Mahama under Article 146 of the 1992 Constitution.
The ruling came just hours after the court also unanimously struck out portions of a supplementary affidavit filed by Justice Torkornoo. A five-member panel, presided over by Acting Chief Justice Paul Baffoe-Bonnie, found that the affidavit revealed details of in-camera proceedings, violating Article 146(8), which mandates confidentiality in such matters.
Background
On May 21, Justice Torkornoo filed a suit at the Supreme Court challenging the legality of her suspension and the ongoing impeachment inquiry. She sought an injunction to stop the six-member committee from proceeding until the substantive case was resolved.
She specifically requested that the court restrain the committee members—Justices Gabriel Scott Pwamang and Samuel Kwame Adibu-Asiedu, Daniel Yao Domelevo, Major Flora Bazuwaaruah Dalugo, and Professor James Sefah Dziasah—from continuing their work on the petitions filed against her.
Additionally, she called for Justices Pwamang and Adibu-Asiedu, both sitting Supreme Court justices, to be barred from chairing or participating in the committee’s work. She also asked for a suspension of the presidential warrant that led to her removal, pending the final court ruling.
However, the Supreme Court found no merit in her claims and dismissed the application, effectively clearing the way for the committee to resume its work.
Other Legal Challenges Dismissed
Justice Torkornoo is not alone in challenging the process. Several suits by individuals and groups seeking to halt the impeachment proceedings have also been dismissed by the Supreme Court.
In a separate ruling during the same sitting, the court overruled an objection by the Attorney-General, who sought to exclude committee members from the Chief Justice’s application. The court held that Justice Torkornoo had made specific claims against them, justifying their inclusion.
Justice Torkornoo was suspended from office by President Mahama after multiple petitions were filed against her, in line with constitutional procedures. These recent legal setbacks may further delay any relief she hopes to obtain from the court.
For now, the committee remains free to continue its probe while the Chief Justice awaits a ruling on the substantive case.
