AG moves to dismiss suspended Chief Justice’s second court challenge

The Office of the Attorney-General has filed a motion to strike out a second judicial review application filed by suspended Chief Justice Gertrude Torkornoo, who is seeking to dismiss one of three petitions calling for her removal from office.

This latest application, filed on 23 June 2025, targets a petition submitted by a group identifying itself as the Shining Stars of Ghana.

Lawyers for the suspended Chief Justice argue that the petition is fundamentally flawed, claiming the group is not a registered legal entity and that its members remain anonymous.

But the Attorney-General’s Office, represented by Deputy Attorney-General Dr Justice Srem-Sai, is pushing back.

The AG argues that the application is without merit and should not interfere with the ongoing work of the committee set up under Article 146 of the Constitution to investigate the petitions.

In documents filed at the High Court, State Attorney Reginald Nii Odoi states that the application should be dismissed entirely. According to the affidavit, “A body of persons whether named or unnamed, and whether incorporated or not can exist at law and initiate such a petition.”

This is Justice Torkornoo’s second attempt to use judicial review to halt proceedings of the Article 146 committee.

Her first application sought to strike out all three petitions against her and to suspend the work of the Justice Pawmang Committee, alleging violations of natural justice.

That request was dismissed by the High Court, which ruled it was an abuse of court process and fell outside the court’s jurisdiction.

Meanwhile, a related constitutional interpretation case is still pending before the Supreme Court.

However, an injunction application linked to that case was recently dismissed, clearing the way for the Article 146 proceedings to continue.

In the latest affidavit opposing Justice Torkornoo’s application, the Attorney-General also stressed that the issues raised relate directly to the constitutionally protected work of the committee proceedings that, under Article 146, are required to be conducted privately, not in open court.