The High Court has adjourned proceedings in the ongoing legal battle involving suspended Chief Justice Gertrude Torkornoo and the Attorney General, setting July 31, 2025 as the date for ruling on a motion seeking to strike out the Chief Justice’s application for judicial review.

Justice Torkornoo, who is currently facing impeachment proceedings under Article 146 of the 1992 Constitution, filed a certiorari application challenging the legality of the process and arguing that it infringes on her fundamental rights.

Her application follows the dismissal of three separate injunction motions by the Supreme Court, each of which sought to suspend the impeachment process pending constitutional interpretation of the procedures for removing a sitting Chief Justice.

Dispute Over Legal Disclosure

At Wednesday’s hearing, legal teams for both parties clashed over whether the Attorney General is obligated to provide “further and better particulars” in response to a letter submitted by Justice Torkornoo’s lawyers, filed as Exhibit CJ1.

Counsel for the Chief Justice, Kwabena Adu-Kusi and Solomon Aubin, cited Order 11 Rule 12(3) and (6) of the High Court’s rules, arguing that their request seeks factual clarification, not legal opinion. They maintained that statements made in the Attorney General’s motion raise specific factual matters such as references to prior Supreme Court decisions and alleged omissions in the original application that require proper disclosure.

However, Dr. Justice Srem-Sai, representing the Attorney General, strongly opposed the request, characterizing it as an improper attempt to solicit legal advice from opposing counsel.

“Respectfully, we do not believe that an adversary has a duty to provide a litigant with legal advice,” he argued, citing the Ahinakwa II v. Okaija III case as precedent against using procedural motions to overreach pending objections.

The Chief Justice’s legal team countered that Ahinakwa dealt with procedural amendments, not requests for clarity. They insisted the court’s own rules support requests for particulars when they are necessary for preparing an informed and fair response to affidavit evidence.

Court’s Directives

Following submissions from both sides, the court issued the following timelines and directions:

• The Attorney General and other respondents must file their written submissions supporting the motion to strike out by close of business on Monday, July 28, 2025.
• The Chief Justice must file her written submissions in opposition by Tuesday, July 29, 2025.
• All parties must limit their arguments to eight specified legal issues, including:
• Whether the application duplicates matters previously decided or pending before the Supreme Court.
• The legal standing and authority of the deponent to the motion.
• Whether the High Court has jurisdiction to consider materials from the Article 146 impeachment proceedings.

In addition, all parties are required to submit soft copies of their written arguments by midnight on their respective filing days.

The court is expected to deliver its ruling on the Attorney General’s motion to strike out the Chief Justice’s application at 9:00 a.m. on July 31, 2025.