Court throws out Torkornoo, Ofori-Atta cases
The High Court in Accra has dismissed two applications filed by the suspended Chief Justice (CJ), Justice Gertrude Sackey Torkornoo, and a former Minister of Finance, Ken Ofori-Atta, seeking to quash proceedings against them.
In a determination yesterday, the court presided over by Justice Kwame Amoako was of the opinion that the portions of the reliefs being sought by Justice Torkornoo against the Justice Pwamang Committee of Inquiry had already been determined by the Supreme Court, while the substantive case on the matter was still pending at the apex court.
It was also the court’s opinion that it was not clothed with the authority to interpret the Constitution in respect of the allegations the Chief Justice had made about how she had been handled by the inquiry committee since, according to the 1992 Constitution, the entire process should to be held in camera.
Relying on the case of CENCES versus Attorney-General (A-G), Dery versus Tiger Eye and AG, the court held that the High Court did not have jurisdiction to hear and determine issues for the said reliefs, and as such could not inquire into the in camera proceedings.
Justice Amoako added that the court was bound by the decision of the Supreme Court on Article 146(8) of the 1992 Constitution, and thus the evidence of proceedings of the Justice Pwamang Committee could not be entertained by the court even in chambers as urged on it by the lawyer for the suspended CJ.
The reliefs that the court said were before the Supreme Court are the ones bordering on the registry of the committee failing to give her the authenticated copies of the petitions, prohibition of the committee from undertaking any proceedings, and the one seeking a deflation that the committee was not lawfully constituted.
Application
Justice Torkornoo, on June 9, 2025 filed an application at the High Court seeking a review of some of the decisions of the Justice Gabriel Pwamang-led Committee probing the three petitions calling for her removal.
She was of the opinion that the committee was arbitrary and unconstitutional.
The suspended CJ was of the view that since the registry of the committee failed to give the parties in the probe the authenticated copies of the three petitions and proceeding to hear the matter the entire process was arbitrary, capricious and unreasonable, and hence violated Articles 23 and 296 of the Constitution.
She was, therefore, asking the court to prohibit the committee from undertaking any proceedings, without its registry providing the parties with the authenticated copies of the petitions and responses forwarded by the President to the committee.
Justice Torkornoo also asked the court to declare the committee’s proceedings of May 15, 22, 23, 26 and 30, 2025 null and void for being in breach of Articles 23, 146, 280, 295 of the Constitution, as well as Order 2 Rule 2, Order 2 Rule 7, Order 7 Rule 3(1), Order 32 and Order 34 Rule 2(2) of the High Court (Civil Procedure) rules.
However, the Attorney General filed an application asking the court to strike out the application for judicial review on grounds that all the matters raised in it had either been dealt with or currently pending before the Supreme Court.
Ofori-Atta
The High Court also dismissed Ofori-Atta’s application which sought to quash an arrest warrant issued by the Office of the Special Prosecutor (OSP).
In a ruling yesterday, the court, presided over by Justice Lydia Osei Marfo, held that the OSP acted lawfully in securing the warrant, dismissing the application for lack of merit.
Mr Ofori-Atta is a subject of investigation in five major issues during his tenure in office under President Nana Addo Dankwa Akufo-Addo.
They are the contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA); the termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC) and the procurement procedures and financial transactions related to the National Cathedral.
The rest are a Ministry of Health contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances and the handling and disbursement of funds from the Tax P-Fund Account of GRA.
Investigation
On February 12, this year, the Special Prosecutor (SP) declared the former finance minister wanted after describing him as a “fugitive from justice” who had “no intention of willingly returning to the jurisdiction”.
That was after the OSP had mentioned him as a suspect in some corruption and corruption-related cases, including the National Cathedral, being investigated by the OSP.
The SP accused Mr Ofori-Atta of allegedly employing tactics in order not to avail himself for an invitation dated January 24, 2025.
On February 18, 2025, Mr Ofori-Atta appealed to the OSP to remove his name from the ‘Wanted List’ and provided a definite return date in May 2025.
The SP explained that the former finance minister had, through his lawyers, stated a definite date of his voluntary return to the jurisdiction. As a result, the OSP had acceded to Mr Ofori-Atta's request.
Subsequently, the OSP accepted his assurance and subsequently took his name off the list.
However, on Monday, June 2, 2025, Mr Ofori-Atta failed to show up, and his name has since been placed on Interpol Red Notice.
Application
Through his lawyers, Mr Ofori-Atta filed an application praying the court to declare the warrant as unlawfully acquired.
He further prayed the court to set aside all related proceedings, including the Interpol Red Notice that was issued against him.
However, the SP maintained that the warrant was properly obtained and executed within the remit of the law, urging the court to dismiss the application.
