The Accra High Court presided by Justice Kwame Amoako has dismissed the application of the learned Chief Justice (CJ), Justice Gertrude Sackey Torkornoo to quash the proceedings of the Justice Pwamang Committee of Inquiry.

The High Court Judge in his ruling to a packed Human Rights 1 Court room, held that the application of the learned Chief Justice is abusive of the process of the Court and the Court lacks jurisdiction to hear the application filed by the Chief Justice.

The learned Chief Justice was reperesented by the learned Kwabena Adu-Kusi with the learned Dr. Justice Srem-Sai, Deputy Attorney-General with his lieutenant, Reginald Odoi Esq. being Counsel for the State.

Preliminary Issue

Deponent not having Consent from Pwamang Committee members

Counsel for the CJ argued that the deponent, Reginald Odoi did not have consent of the members of the Justice Pwamang Committee to depose to the affidavit accompanying the application of the Committee members to strike out the Judicial Review Application of the Chief Justice.

The Court disagreed with this view. The Court held that a party is presumed to have consented to the affidavit if filed. The rules of procedure offer the requirement of consent as a shield to a party and not as a sword.

Discrepancies in heading

The Chief Justice again, through her Lawyers in a preliminary ground to dismiss the application of the Attorney-General to strike out her Judicial Review Application, argued that there are discrepancies in the title and suit number of the motion filed by the Attorney-General (AG) to dismiss the Judicial Review of the Chief Justice.

This argument and basis was deemed by the Court as argument de minimis. The Court then moved on to reproach Counsel for the Applicant and address the substance of the motion of the AG seeking to derail the train of the CJ before it moved from the train station.

Reproach

Justice Amoako chided the learned Kwabena Adu-Kusi for raising preliminary objection to the motion of the A-G in his address and not upon the hearing of the Application of the CJ. The Court held that had the Court found merit in those issues, the Court could not have delivered a ruling today, 31st day of July, 2025.

Justice Amoako further held that the objection raised late in the day disentitled the AG from offering a response and same was violative of the Audi altarem partem rule.