The High Court in Accra will deliver a ruling on July 31 on an application filed by the suspended Chief Justice, Justice Gertrude Araba Torkonoo, challenging her impeachment processes.
The application is in the nature of a judicial review seeking to quash the ongoing proceedings for her removal.
It is the case of Justice Torkonoo that the process--led by the Justice Pwamang Committee--had been marred by serious procedural violations.
Among the key violations, she cited included denial of legal representation where she accused the committee for allegedly refusing to recognise her legal counsel on the first day of the proceedings simply because she was not personally present.
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She said that despite her lawyer being physically available, hearing dates and other arrangements were made without his involvement.
Justice Torkonoo also claimed that the committee failed to specify which allegations a prima facie case had been established for, or the reasons behind such determinations. This, she argued, has impeded her ability to assess her legal position and adequately prepare a defence.
She also stated that the committee permitted two of the petitioners--Mr Daniel Ofori and Shining Stars--not to testify, thereby denying her the opportunity to cross-examine them.
The Chief Justice also described being denied the presence of her husband or a close family member during the hearings.
Justice Torkonoo said she was subjected to thorough searches of her body and personal belongings--an act she described as a violation of standard protocols and courtesies accorded to her office.
Justice Torkonoo expressed concern over the location of the hearings, which are being held in a high-security zone on Castle Drive, Osu, rather than a judicial facility, as has been the practice for Article 146 proceedings since 1993. She suggested the choice of venue, coupled with the secretive
designed to intimidate her and prevent public scrutiny.
She further revealed a disturbing historical link to the venue, stating:
"I need to make the disclosure... that the Adu Lodge facility that I am being tried in featured very prominently in the planning of the murder of judges on June 30, 1981," Justice Torkonoo narrated.
Moreover, she noted that one of the murdered judges, Major Sam Acquah, was her uncle and guardian.
Justice Torkonoo warned that the current process could set a dangerous precedent for all office holders protected under Article 146 of the 1992 Constitution--including the Auditor-General, the Electoral Commission, and the Commission on Human Rights and Administrative Justice (CHRAJ).
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