ACCRA, Sept 9 (The African Portal) – The Accra High Court has directed lawyers of Ghana’s former Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, to follow due procedure in withdrawing their case challenging her removal from office.
Justice Torkornoo was recently removed as Chief Justice after a committee set up by President John Dramani Mahama found her guilty of misconduct. Acting on the committee’s recommendations, President Mahama dismissed her on September 1, 2025, announcing that a successor would be appointed in due course.
Dissatisfied with the process, Justice Torkornoo filed a judicial review application on June 23, seeking to strike out a petition by a group known as Shining Stars of Ghana. Her lawyers argued that the petition was fundamentally flawed since the group was unregistered and its members were anonymous.
At a virtual hearing on Tuesday, September 9, Deputy Attorney-General Dr. Justice Srem Sai sought the court’s leave to move a motion striking out the case. However, before the motion was heard, counsel for the former Chief Justice, Kwabena Adu-Kusi, informed the court that his client had instructed him 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 told the court.
But Presiding Judge Justice Eugene Nyadu Nyantei rejected the oral request, insisting that the proper procedure was for the applicant to file a formal notice of discontinuance.
Dr. Srem Sai expressed disappointment at the move, stating: “We are embarrassed by the applicant’s move this morning mainly because the proper course 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.”
He subsequently urged the court to take action against counsel for the former Chief Justice. Adu-Kusi, however, pleaded for a brief adjournment to enable compliance with the right procedure.
Justice Nyadu-Nyantei adjourned the matter indefinitely, directing the lawyers to file the necessary processes to discontinue the case.
