High Court dismisses Chief Justice Torkonoo’s judicial review application

The Human Rights Division 1 of the High Court has dismissed a judicial review application filed by suspended Chief Justice Gertrude Torkonoo, describing it as an abuse of court processes and lacking jurisdiction.

Justice Torkornoo, who is currently the subject of impeachment proceedings under Article 146 of the 1992 Constitution, had filed a certiorari application seeking to quash the ongoing process. She argued that the impeachment proceedings violated her fundamental human rights.

The judicial review application also sought to challenge the legality and constitutionality of the impeachment mechanism itself. It followed the dismissal of three separate injunction applications previously filed at the Supreme Court, which similarly sought to halt the proceedings until the interpretation of relevant constitutional provisions regarding the removal of a sitting Chief Justice.

In its ruling, the High Court held that it lacked the jurisdiction to intervene in the matter and emphasised that the application amounted to an inappropriate use of the judicial process.

The impeachment proceedings against Chief Justice Torkornoo remain ongoing.

Background to the Petitions and Suspension:

Chief Justice Gertrude Torkornoo, who assumed office on June 12, 2023, as Ghana’s 15th Chief Justice and the third woman to hold the position, has been at the centre of a high-stakes legal and political battle since petitions for her removal were filed.

Under Article 146 of Ghana’s 1992 Constitution, a petition for the removal of a Chief Justice or a Justice of the Supreme Court must be submitted to the President, who then, in consultation with the Council of State, appoints a committee to investigate the matter.

Today’s High Court dismissal is not the first legal setback for the Chief Justice in her fight against the removal proceedings.

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.

The Supreme Court’s ruling at the time effectively cleared the path for the five-member special committee, constituted to investigate the petitions, to proceed with its work.

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 courts appear to be signalling that procedural challenges cannot be used to circumvent or indefinitely delay the investigative mechanism laid out in the Constitution.

Chief Justice Torkornoo has consistently maintained her innocence and has publicly asserted that the process for her removal is “flawed”, “politically driven”, and “unconstitutional”.

In a defiant press conference on June 25, 2025, she vowed not to resign, stating that doing so would “legitimise an unconstitutional and cruel process”.

She also made serious allegations of receiving “veiled threats” to resign voluntarily, implying coercion to avoid a formal investigation.