Torkonoo Scores First Win: Supreme Court Rejects Bid to Remove Justice Pwamang, Others From CJ’s Case as Defendants

In a significant early victory for suspended Chief Justice Gertrude Torkonoo, the Supreme Court has dismissed a preliminary objection filed by the state that sought to remove members of the committee investigating her from the list of defendants in her ongoing legal challenge.

The objection, brought by Deputy Attorney General Dr Justice Srem-Sai, argued that the members of the disciplinary committee—led by Justice Scott Pwamang—were improperly joined to the case because they had not been explicitly named as parties from whom reliefs were being sought.

But a five-member panel of the Supreme Court, presided over by Acting Chief Justice Paul Baffoe-Bonnie, rejected the state’s argument and ruled that the committee members would remain defendants as the case proceeds.

Torkonoo, who is currently suspended from her position, has sued to stop the work of the committee investigating her potential removal from office. She is also asking the court to interpret key constitutional provisions relating to the ongoing proceedings.

In her suit, Justice Torkonoo is asking the apex court to:

• Permit her to waive the constitutional right to an in-camera hearing;
• Declare the committee’s prima facie findings as unconstitutional; and
• Prevent the current members of the committee from continuing the investigation.

In court, Dr Srem-Sai contended that the reliefs being sought did not clearly target the individual committee members and that they were therefore wrongly included in the suit. But former Attorney General and counsel for Torkonoo, Godfred Yeboah Dame, pushed back forcefully. He told the court that the legal test was whether the reliefs sought would affect the committee members — and, in this case, they clearly would.

The Supreme Court agreed with Dame’s argument, holding that the substance of the reliefs directly implicates the committee members and that their inclusion as parties was appropriate.

The ruling is a critical boost for Torkonoo, who has described the committee’s process as unfair and constitutionally flawed. It also signals that the court is willing to fully hear the suspended Chief Justice’s legal challenge against the committee, which has been shrouded in controversy from the outset.

The Pwamang-led committee is tasked with investigating petitions calling for Torkonoo’s removal. While proceedings are meant to be held in camera under Article 146(8) of the Constitution, Justice Torkonoo argues she should be allowed to waive that right and bring the proceedings into public view.

This ruling follows another major development in the case earlier this week, when the Supreme Court struck out a supplementary affidavit filed by Torkonoo after ruling that it violated confidentiality provisions by revealing details from the committee’s closed-door sessions.

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