Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has filed an application at the Supreme Court seeking a review of a ruling she says denied her the constitutional right to be heard in proceedings connected to petitions seeking her removal from office.
In a Motion on Notice filed under Article 133 of the 1992 Constitution and relevant provisions of the Supreme Court Rules, Justice Torkornoo is asking the apex court to revisit orders it made on May 28, 2026, after consolidating two related cases before it.
The former Chief Justice contends that the circumstances under which the orders were made amounted to a miscarriage of justice and warrant reconsideration by the Court.
According to an affidavit supporting her application, the Supreme Court acknowledged during case management proceedings that she was not represented before the Court after her lawyer, Godfred Yeboah Dame, had formally withdrawn from the case.
The Court also noted the absence of the Attorney-General, who is a party to both actions.
Justice Torkornoo argues that despite recognising that it could not assume she had been informed of her lawyer’s withdrawal, the Court proceeded to make substantive decisions, including consolidating the two cases, adopting memoranda of issues filed by the parties, and scheduling the matter for judgment.
She maintains that those actions were taken without giving her a proper opportunity to participate in the proceedings, thereby undermining her right to a fair hearing.
The application further raises concerns about the service of court documents. Justice Torkornoo claims that although the Court directed that she be personally served with the proceedings and related notices, that directive was not followed.
Instead, she alleges that the Registrar served documents at the office of her lawyer in a separate matter on June 12, 2026.
According to the affidavit, the lawyer, Kwabena Adu-Kusi, was outside the country at the time the documents were delivered.
Justice Torkornoo also states that inquiries conducted at the Court registry later revealed that an ex parte order had been obtained authorising service through the lawyer rather than direct service on her.
The former Chief Justice is therefore asking the Supreme Court to review its earlier orders and reconsider the proceedings in light of what she describes as exceptional circumstances affecting her ability to be heard.
The application marks the latest legal development in the ongoing proceedings surrounding petitions seeking her removal from office, a matter that continues to attract significant public and legal interest.
