Judicial Review Thrown Out for Lack of Jurisdiction and Abuse of Process
The Human Rights Division 1 of the High Court has dismissed a judicial review application filed by suspended Chief Justice Gertrude Araba Esaaba Torkornoo, dealing a significant blow to her legal attempts to stop ongoing impeachment proceedings.
The court ruled on Tuesday that the application constituted an abuse of court processes and had been brought before a court without the jurisdiction to hear the matter.
Legal Challenge Over Impeachment Proceedings Rejected
Justice Torkornoo, who is currently facing removal proceedings under Article 146 of the 1992 Constitution, had filed a certiorari application seeking to quash the process. She argued that the impeachment process violated her fundamental human rights and challenged the constitutionality of the procedure used.
Her application followed the dismissal of three earlier injunctions filed at the Supreme Court aimed at pausing the proceedings until a constitutional interpretation could be determined.
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However, in its ruling, the High Court emphasized that it lacked the jurisdiction to grant the reliefs sought, reinforcing the established legal principle that certain matters—particularly those under Article 146—fall exclusively within the domain of the constitutional framework and not regular court review.
Impeachment Process Continues
With this latest legal setback, the impeachment proceedings against Justice Torkornoo remain in full motion. The development further narrows the options available to the suspended Chief Justice in her bid to resist the constitutional process initiated for her removal.
Legal experts suggest that the outcome reinforces judicial boundaries around high constitutional matters, particularly those involving sitting members of the judiciary.
