The Human Rights Division of the Accra High Court has, on Thursday, July 31, dismissed suspended Chief Justice Gertrude Esaaba Torkornoo’s application for judicial review, describing it as an “abuse of court processes”, asserting that the application lacked jurisdiction.
The Human Rights Court’s ruling marks a crucial development in the case surrounding the petitions for the removal of Justice Esaaba Torkornoo.
The High Court maintains that Justice Torkornoo’s application is a deliberate attempt to obstruct the legitimate process, rather than a genuine pursuit of constitutional redress.
While the full written judgement detailing the court’s reasoning is awaited, the pronouncement of “abuse of court processes” indicates that the court found the application to be an improper or vexatious use of legal procedures, potentially aimed at frustrating or delaying the established constitutional process.
It is recalled that in May 2025, the Supreme Court, in a unanimous decision, also dismissed an injunction application filed by Justice Torkornoo that sought to halt the inquiry into the petitions by the committee set up by President Mahama under Article 146 after a prima facie had been established.
These consecutive dismissals from both the Supreme Court and now the High Court highlight the judiciary’s stance on challenging the constitutional process for removal.
The court’s position, thus far, suggests that procedural challenges cannot be used to circumvent or indefinitely delay the investigative mechanism laid out in the Constitution.
