A judicial review application filed by suspended Chief Justice Gertrude Torkonoo was recently denied by the High Court’s Human Rights Division 1, which determined that the case lacked jurisdiction and amounted to an abuse of the legal system.
The court’s ruling essentially puts a stop to Torkonoo’s attempt to contest the processes surrounding her suspension, dealing the embattled Chief Justice a serious legal setback.
The question of what she will do next after this dismissal still stands.
A constitutional complaint against Torkornoo is currently proceeding at the Supreme Court, contesting certain portions of the procedure under Article 146 of the Ghanaian Constitution, which regulates the dismissal of a Chief Justice.
She claims that following the stressful event, this is now her primary domestic legal recourse. The Supreme Court has not yet rendered a decision on the substantive constitutional problems she presented, despite the High Court rejecting her judicial review application. She is currently awaiting a Supreme Court decision.
Furthermore, Torkornoo has filed a petition with the ECOWAS Community Court of Justice, arguing that her suspension and the current expulsion procedure breached her rights under international law.
She is seeking:
An order to halt the impeachment process,
Restoration of her position, and
$10 million in damages for reputational harm and rights violations.
She continues to pursue the primary human rights lawsuit while awaiting the ECOWAS Court’s ruling on her request for temporary remedies.
Despite the lawsuits, the investigative committee set up under Article 146 is still operating. Unless legally halted, it could make a recommendation to the President for her removal based on its findings.
The President would act only after receiving this formal recommendation. Her legal team may seek to challenge or delay any action by the President if the committee recommends removal, especially if the Supreme Court or ECOWAS has not ruled yet.
If neither the Supreme Court nor the ECOWAS Court intervenes in time, and the Article 146 committee recommends removal, President Mahama may proceed to officially remove her from office.
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