The Attorney-General has filed a motion at the Human Rights Division of the High Court to strike out an application for judicial review filed by suspended Chief Justice Gertrude Araba Esaaba Torkornoo.
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In an affidavit signed by State Attorney Reginald Nii Odoi, the A-G argues that the Chief Justice’s application is legally flawed. According to the affidavit, the motion contains a “grave misstatement of capacity” and fails to include essential parties, flaws that, the State says, render the application fundamentally defective.
The A-G also contends that the legal questions raised in the Chief Justice’s review have either been resolved or are currently before the Supreme Court. The affidavit references several relevant cases, including Justice Gertrude Torkornoo v. Attorney-General & 5 Others (Suit No. J8/113/2025) and Theodore Kofi Atta-Quartey v. Attorney-General (Suit No. J8/109/2025).
Allowing the Human Rights Court to hear the matter, the State argues, would amount to judicial overreach and violate the authority of the Supreme Court.
“The originating motion is affected by grave misstatement of capacity and non-inclusion of essential parties,” the affidavit stated. “These defects go to the very root of jurisdiction.”
It further adds that the reliefs sought by the Chief Justice are based on issues either already decided by the Supreme Court or currently under consideration.
The motion references a set of supporting documents labeled Exhibits AG1 to AG5, which include court rulings and filings from the ongoing or concluded cases.
The Human Rights Court is expected to schedule a date soon to hear arguments on the Attorney-General’s request to strike out the application entirely.
