The Attorney-General has filed a motion at the Human Rights Division of the High Court seeking to strike out a judicial review application brought by the suspended Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Torkornoo.
In a sworn affidavit submitted by State Attorney Reginald Nii Odoi, the State argues that the Chief Justice’s application is fundamentally flawed due to a “grave misstatement of capacity” and the “non-inclusion of mandatory and essential parties.”
“These defects go to the very root of jurisdiction,” the affidavit states, asserting that the Human Rights Court lacks the authority to hear the matter.
The Attorney-General contends that the issues raised in the Chief Justice’s application have either already been adjudicated by the Supreme Court or are currently pending before it.
The affidavit references multiple 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), to support the claim that the High Court’s involvement would amount to judicial overreach.
“The reliefs sought are based on matters either previously decided by the Supreme Court or currently pending before it,” the affidavit adds.
The State is therefore requesting that the Human Rights Court strike out the Chief Justice’s application in its entirety.
The affidavit also includes five exhibits marked AG1 to AG5 comprising rulings and legal documents from the referenced cases.
The Human Rights Court is expected to set a hearing date for the Attorney-General’s motion in the coming days, as the legal standoff between the executive and judiciary continues to draw national attention.
