Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has filed an application at the Supreme Court seeking a review of orders issued on May 28, 2026, in proceedings concerning petitions for her removal from office. Acting under Article 133 of the 1992 Constitution and Rules 54, 55, and 56 of the Supreme Court Rules, Justice Torkornoo is asking the apex court to revisit its ruling delivered after consolidating two related actions.
Her application is supported by an affidavit in which she contends that the Court’s orders amounted to a miscarriage of justice and deprived her of the constitutional right to be heard. The affidavit notes that, during case management, the Court recorded that she had no legal representation in a matter where Godfred Yeboah Dame had earlier filed a notice of withdrawal. It further points out that the Attorney-General—named as a defendant in both suits—was also absent from the proceedings.
Justice Torkornoo contends that despite the Court’s observation that it could not presume she had been notified by her lawyer of the withdrawal, the Court proceeded to make a series of substantive orders. These included proceeding with the hearing and determination of the action, adopting memoranda of issues filed in both suits, consolidating the two actions, and adjourning the consolidated matter for judgment.
She argues that these orders, taken together, constitute exceptional circumstances warranting review by the Court. The affidavit further alleges that the Court’s directive that she be served with the proceedings of May 28, 2026, and related notices was not complied with. According to the filing, the Registrar instead served the office of her lawyer in a separate suit on June 12, 2026.
Justice Torkornoo states that the lawyer, Kwabena Adu-Kusi, was outside the jurisdiction at the time of service. She further claims that subsequent searches at the Court registry revealed that the Registrar had obtained an ex parte order authorising service on the lawyer rather than on her personally.
Source: Hanson Agyemang
