The Human Rights Division 1 of the High Court has dismissed a judicial review application filed by suspended Chief Justice Gertrude Torkornoo, ruling that the case constituted an abuse of court processes and was brought before a court without proper jurisdiction.
Justice Torkornoo, who is currently the subject of impeachment proceedings under Article 146 of the 1992 Constitution, had filed a certiorari application seeking to quash the ongoing process. She argued that the impeachment proceedings violated her fundamental human rights.
The judicial review application also sought to challenge the legality and constitutionality of the impeachment mechanism itself. It followed the dismissal of three separate injunction applications previously filed at the Supreme Court, which similarly sought to halt the proceedings until the interpretation of relevant constitutional provisions regarding the removal of a sitting Chief Justice.
In its ruling, the High Court held that it lacked the jurisdiction to intervene in the matter and emphasised that the application amounted to an inappropriate use of the judicial process.
The impeachment proceedings against Chief Justice Torkornoo remain ongoing.