A review application filed on behalf of Chief Justice Gertrude Torkornoo challenging the Supreme Court's decision to consolidate two cases relating to her removal has been withdrawn, days before the apex court is expected to hear all pending matters.
The latest development was disclosed by Deputy Attorney General Justice Srem-Sai in a Facebook post outlining the procedural history of the cases before the Supreme Court.
According to him, five separate cases were initially filed challenging issues surrounding Justice Torkornoo's removal. One of the cases was subsequently abandoned and struck out, leaving four matters pending before the court.
Justice Srem-Sai explained that two of the remaining cases involved substantially the same issues. In one case, Justice Torkornoo is listed as a defendant alongside the Attorney General, while in the other she is the plaintiff with the Attorney General named as the defendant.
He noted that although different lawyers represented the Chief Justice in the two suits, she filed a statement of case in only one of them, while failing to file a statement in the other for more than a year.
On May 28, the Supreme Court consolidated the two cases and adjourned proceedings for judgment. One of Justice Torkornoo's lawyers was present in court during the hearing, while another informed the court through a letter that he intended to withdraw from the matter.
Attorney General Opposed Review Request
On June 23, counsel representing Justice Torkornoo filed an application asking the Supreme Court to review its consolidation order, arguing that she had not been given a hearing because one of her lawyers was absent when the decision was made.
However, the Attorney General opposed the application through a 13 paragraph affidavit filed on June 25, describing the request as being made in bad faith.
According to the affidavit, Justice Torkornoo had been duly represented in court on May 28 and had also been afforded the opportunity to file the necessary processes.
Justice Srem-Sai revealed that the review application was withdrawn on Friday, June 26, before the Supreme Court had the opportunity to determine it.
The Supreme Court has scheduled July 2 to address all outstanding issues arising from the four pending cases connected to the Chief Justice's removal proceedings.
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