High Court risks ‘constitutional chaos’ if it hears Torkornoo’s case — Edudzi Tameklo warns

Private legal practitioner and Director of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudzi Tameklo, has cautioned that the High Court could plunge the country into constitutional confusion if it proceeds to hear the judicial review application filed by former Chief Justice Gertrude Torkornoo.

Mrs. Torkornoo has filed a petition at the High Court challenging her dismissal and seeking to halt the appointment and vetting of her successor, Justice Paul Baffoe-Bonnie.

Speaking on TV3’s The KeyPoints on Saturday, October 18, Mr. Tameklo argued that the High Court lacks the jurisdiction to interfere in what he described as a constitutionally concluded process.

“In this particular instance, the President acted upon the recommendation of a duly constituted investigative committee and lawfully issued a warrant of removal,” he said. “A new nominee has already been presented and is awaiting parliamentary vetting. Any intervention by the High Court at this point would amount to disrupting a constitutionally prescribed procedure.”

The NDC legal director warned that entertaining the case could lead to constitutional disorder, stressing that matters of governance should not be reduced to legal experiments.

“A High Court intervention at this stage has the potential to create chaos. The Constitution should never be stretched or manipulated in ways that invite confusion or instability,” Mr. Tameklo stated.

He described Mrs. Torkornoo’s judicial review application as “weak, misplaced, and fundamentally flawed,” insisting that it stands no chance of success.

According to him, Article 146 of the 1992 Constitution, which governs the removal of superior court judges, is sui generis — unique in nature — and its proceedings are designed to be confidential to safeguard the integrity of the judiciary.

“If the High Court allows this case to proceed, it would expose matters meant to be handled in camera under Article 146 to public debate, undermining the confidentiality and structure of the constitutional process,” he cautioned.

Mrs. Torkornoo’s suit, filed on October 17, 2025, seeks to invalidate the findings of the committee that investigated her conduct and led to her removal by President John Dramani Mahama on September 1, 2025, as well as to stop Parliament from vetting Justice Baffoe-Bonnie as the new Chief Justice.