High Court Dismisses Torkornoo’s Bid to Halt Impeachment

The Human Rights Division 1 of the High Court has dismissed a judicial review application filed by suspended Chief Justice Gertrude Torkornoo, describing the move as an abuse of court processes and beyond the court’s jurisdiction.

Justice Torkornoo, who is currently the subject of impeachment proceedings under Article 146 of the 1992 Constitution, had sought a certiorari order to quash the ongoing process. Her application argued that the impeachment proceedings infringed on her fundamental human rights.

The judicial review also sought to challenge the constitutional and legal basis of the impeachment mechanism, questioning its legitimacy and conformity with human rights protections enshrined in the Constitution.

The application followed the Supreme Court’s dismissal of three previous injunctions filed by the suspended Chief Justice, all of which aimed to pause the impeachment process until a definitive interpretation of the relevant constitutional provisions was provided.

However, in a ruling delivered this week, the High Court held that it lacked jurisdiction over the matter and asserted that the review application constituted an inappropriate use of judicial channels.

“This court has no authority to interfere in matters governed by Article 146 of the Constitution,” the presiding judge stated, adding that the application represented a clear abuse of process.

The decision effectively clears the path for the continuation of impeachment proceedings against Justice Torkornoo, who remains suspended from her duties pending the outcome.

Legal analysts have noted that while the ruling reinforces the constitutional separation of powers, it also underscores the limitations of seeking relief in human rights courts for processes governed by entrenched constitutional procedures.

The impeachment proceedings remain ongoing.

More details soon…