The Accra High Court has ordered lawyers of former Chief Justice Gertrude Sackey Torkornoo to follow the appropriate procedure in withdrawing the case challenging her removal process.
Presiding Judge Justice Eugene Nyadu Nyantei blocked efforts by the lawyer for the former Chief Justice to withdraw the suit filed on June 23, orally.
During a virtual hearing on Tuesday, September 9, Deputy Attorney-General Dr Justice Srem Sai sought leave of the court to move a motion to strike out the case filed by the former Chief Justice challenging the removal process.
Former Chief Justice Gertrude Torkornoo, on June 23, filed a judicial review application asking the High Court to strike out a petition by a group known as Shining Stars of Ghana.
Her lawyers argued that the petition was fundamentally flawed, citing that the group was unregistered and the members were anonymous.
But even before the Deputy Attorney-General could move the motion, the lawyer for the former CJ, Kwabena Adu-Kusi, indicated to the court that he had received instructions from his client to withdraw the application.
“My instructions are to withdraw the substantive application for judicial review. Application filed on June 23, 2025. We will pray for leave to withdraw the application accordingly, in which case the application to strike out motion for judicial review would not be necessary,” Adu-Kusi noted.
In his response however, Dr Justice Srem Sai expressed disappointment at the manner in which the lawyers of Justice Gertrude Torkornoo approached the court.
“We are embarrassed by the applicant’s move this morning mainly because the proper cause of action for a person who has filed an originating process to take when he or she wishes to discontinue is to file a notice of discontinuance and not show up in court and seek orally to pray the court for leave to withdraw. More so, when that party has had ample time to take that decision.”
The Deputy AG therefore prayed the court to take appropriate action against the counsel for the former Chief Justice.
Kwabena Adu-Kusi pleaded with the court for a brief adjournment to adhere to the right procedure.
Justice Nyadu-Nyantei then ordered the lawyer for the former Chief Justice to file the appropriate processes to discontinue their case and adjourned the case indefinitely.
The former Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, was dismissed by President Mahama following recommendations by the Committee of Inquiry, which investigated petitions requesting her removal.
In a statement on September 1, 2025, the President indicated that he had removed the Chief Justice from office, with her successor to be appointed in due time.
Meanwhile, the Community court of Justice at ECOWAS is set to take a decision on the case filed by the former Chief Justice seeking her reinstatement with full entitlements.
