The Attorney General (AG) has filed an application at the Human Rights (Division) of the High Court in Accra to “Strike out” Chief Justice’s earlier Application for Judicial Review.
The application, filed on July 1, 2025, stated that the Chief Justice Gertrude Sackey Torkornoo’s application has been affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties to the motion, which renders the originating process a nullity.
It added that, either the application has been dealt with by the Supreme Court or is still pending before the apex court, and therefore, the High Court cannot review the same matter.
The suspended Chief Chief in her application for Judicial Review, challenges the propriety of the five member Committee investigating the merit or otherwise of three petitions seeking her potential removal.
In her action, she sued the Article 146 Committee, (1st Defendant) and its Chairman of the Committee, Justice Gabriel Scott Pwamang (2nd Defendant).
She named Justice Samuel Kwame Adonu-Asiedu, a Justice of the Supreme Court and a committee member as (3rd Defendant), Daniel Yao Domelevo, (4th Defendant), Major Flora Bazaawaabnuba Dalugo, (5th Defendant), Prof. James Sefah DZISAH, (6th Defendant) and Attorney General (7th Defendant).
In an affidavit in Support to the motion disposed to by Reginald Nii Odoi, a State Attorney at the AG’s Office stated that the Deputy AG Dr Justice Srem-Sai will have the motion moved on July 15.
The affidavit argued that the Chief Justice’s application is affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties to the motion, which renders the originating process a nullity.
The affidavit of the AG highlighted earlier actions dealt with by the Supreme Court since the suspension of the CJ.
“That I am advised, and I verily believe the same to be true that the Applicant/Respondent’s originating motion is affected by grave misstatement of capacity and non-inclusion of mandatory and essential parties to the motion.
“That I am advised, and I verily believe the same to be true that misstatement of capacity or non-inclusion of mandatory and essential parties to a motion go to capacity and to jurisdiction and, thus, render the originating process a nullity,” the motion stated.
It also highlighted several cases pending before the Supreme Court that are related to the Chief Justice’s application, including: Her Ladyship, Justice Gertrude Araba Esaaba Torkornoo v The Attorney-General & 5 Others (Suit No. J8/113/2025).
The rest are – Centre for Citizenship Constitutional Electoral Systems LBG (CenCes) v the Attorney-General & 2 Others (Suit No. J1/20/2025), Vincent Ekow Assafuah v The Attorney-General (Suit No. J1/18/2025)
Ebenezer Osei-Owusu v The Attorney-General (Suit No. J1/19/2025) and Theodore Kofi Atta-Quartey v Attorney-General (Suit No. J8/109/2025)
The affidavit in support stated further that the High Court lacks jurisdiction to consider or determine matters that have been previously decided by the Supreme Court or are properly pending before the Supreme Court for determination.
Therefore, the Attorney General is seeking an order to strike out the Chief Justice’s application for judicial review.