Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has filed an application with the Supreme Court seeking a review of the court’s decision and orders dated May 28, 2026, arguing that she was denied a fair opportunity to be heard before significant orders were issued in a constitutional matter affecting her.
In the review application, Justice Torkornoo asks the apex court to set aside its earlier ruling and revisit proceedings that culminated in the consolidation of two constitutional suits and the fixing of July 24, 2026, for judgment.
According to court documents, the former Chief Justice contends that, despite the panel of justices affirming that it could not assume she had been informed of the withdrawal of her legal counsel’s services, the matter nonetheless proceeded in her absence and without legal representation.
Earlier, on May 28, her counsel, Godfred Yeboah Dame, notified the court of the withdrawal of his services in one of the cases before the court.
The panel dismissed his notice of withdrawal and ordered that he serve his client with it, but went ahead to adopt his submissions.
Justice Torkornoo maintains that the court adopted memoranda of issues filed by the parties, consolidated the two actions, and adjourned the matter for judgment, even though neither she nor the Attorney-General was present when the orders were made.
She argues that the circumstances amount to a substantial miscarriage of justice and constitute exceptional grounds warranting a review by the Supreme Court.
The application further alleges that, although the court directed that she be served with the proceedings of May 28, her lawyer’s notice of withdrawal, and other related processes, those documents were not personally served on her.
Instead, she claims the Registrar served the office of lawyer Kwabena Adu-Kusi on June 12, 2026, despite the fact that he was allegedly outside the jurisdiction at the time.
Justice Torkornoo also argues that the failure to properly serve her with the relevant documents denied her the opportunity to adequately participate in the proceedings and protect her interests before the court.
The former Chief Justice is therefore asking the Supreme Court to review and set aside the orders made on May 28 and to grant her an opportunity to be heard before any determination is made in the consolidated constitutional actions.
The Supreme Court is expected to determine whether the circumstances cited by Justice Torkornoo meet the threshold for a review based on exceptional circumstances and an alleged miscarriage of justice.
By Laud Adu-Asare
