The Attorney General has filed a motion at the High Court seeking the referral of former Chief Justice Gertrude Torkornoo’s removal as a Justice of the Supreme Court for constitutional interpretation.
This development comes after Torkornoo was removed as both Chief Justice and a Judge on September 1, 2025, following an article 146 committee’s proceedings that found her guilty of stated misbehavior.
Deputy Attorney-General, DR Justice Srem-Sai Esq., at the hearing of the originating motion, pray the Court for three questions to be referred to the Supreme Court for constitutional interpretation.
These questions are:
Whether a person may retain their previous judicial office upon appointment to the office of Chief Justice.
Whether the Chief Justice’s membership of the Superior Courts of Judicature is ex officio the office of Chief Justice.
Whether a person may retain their membership of the Superior Courts of Judicature upon removal from the office of Chief Justice.
In the affidavit in support of the motion, the Attorney General argued that the President’s inclusion of “Justice of the Supreme Court” in the Warrant of Removal was meant to clarify the true and proper position of the law on the matter.
The AG denied each allegation of fact contained in the affidavit in support of Torkornoo’s motion, except for those expressly admitted.
Torkornoo has initiated an action at the High Court to challenge her removal as a Justice of the Supreme Court.
The Attorney General’s motion seeks to determine the constitutional implications of her removal and whether she can retain her judicial office after being removed as Chief Justice.