The Accra High Court has blocked an attempt by lawyers of former Chief Justice Gertrude Sackey Torkornoo to orally withdraw a case challenging her removal process.
Presiding Judge Justice Eugene Nyadu Nyantei ruled that the appropriate procedure must be followed if the former Chief Justice intends to discontinue the matter.
The case was filed on June 23 by Justice Torkornoo after a group known as Shining Stars of Ghana petitioned for her removal. Her legal team argued that the petition was fundamentally flawed, describing the group as unregistered with anonymous members.
During a virtual sitting on Tuesday, September 9, Deputy Attorney-General Dr. Justice Srem Sai sought leave of the court to move a motion to strike out the case. Before he could proceed, however, counsel for the former Chief Justice, Kwabena Adu-Kusi, informed the court that his client had instructed him to withdraw the judicial review 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”
Kwabena Adu-Kusi, Private Legal Practitioner
The Deputy Attorney-General opposed the move, describing it as improper and procedurally unsound.
“We are embarrassed by the applicant’s move this morning mainly because the proper cause 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”
Dr. Justice Srem Sai, Deputy Attorney-General
He further prayed the court to consider taking action against counsel for the former Chief Justice, stressing that procedural rules must be respected.
Following the exchanges, Justice Nyadu Nyantei ordered the lawyer for the former Chief Justice to file the appropriate processes before the matter could be discontinued. He then adjourned the case indefinitely, leaving the next step dependent on the formal actions of Justice Torkornoo’s legal team.
In response to the Deputy Attorney-General’s opposition, Mr. Adu-Kusi pleaded with the court for a brief adjournment to comply with the correct procedure. The judge reiterated that oral withdrawal was not acceptable in such a case and directed the former Chief Justice’s lawyers to take the necessary steps in line with the court’s rules.
Background and Next Steps
Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo was removed from office by President John Dramani Mahama on the recommendation of a Committee of Inquiry that investigated petitions calling for her dismissal.
On September 1, 2025, the President released a statement confirming her removal and announcing that a successor would be appointed in due time.
The decision followed months of controversy surrounding her leadership of the judiciary and the legitimacy of the petitions filed against her. While critics described the petitions as politically motivated, others argued that her removal was necessary to restore confidence in the judicial system.
The case she filed in June was an attempt to challenge the legality of one such petition, but the withdrawal effort in court now raises questions about the direction her legal team intends to take.
Even as the High Court proceedings remain pending, the former Chief Justice has approached the Community Court of Justice at ECOWAS. That court is set to consider her request for reinstatement with full entitlements, potentially creating a regional dimension to what has largely been a domestic legal and political battle.
Her case before ECOWAS could test the boundaries of judicial independence in Ghana and the broader West African region, particularly as the court has previously ruled against member states in politically sensitive matters. For Justice Torkornoo, the ECOWAS outcome may represent her last opportunity to challenge her dismissal after the High Court setback.
For now, the High Court’s directive ensures that due process must be followed in the withdrawal of her case. The outcome of her legal maneuvers, both locally and regionally, will determine whether the former Chief Justice can secure any relief or whether her removal remains final.
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