The ECOWAS Community Court has dismissed former Chief Justice Gertrude Sackey Torkornoo’s application seeking an interim suspension of her removal process until her substantive case is dealt with as without merit.
On Wednesday, November 19, the ECOWAS Court, while dismissing the request, said she failed to demonstrate “urgency” in filing the processes.
The Court said between May 15, 2025, when the Article 146 Committee started its work, and July 4, 2025, was three months apart, when she filed her action, defeats her own argument of urgency.
The Court, prior to dismissing her request, had dismissed the Attorney General’s objection that the ECOWAS Court had no jurisdiction because the case was pending before a domestic Court, that is, the Supreme Court.
Deputy Attorney General, Dr . Justice Stem-Said represented the Attorney General while the former Chief Justice was represented by external lawyers.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, who sat through the virtual hearing reports that the ECOWAS Court has directed the Attorney General to file their defence to the substantive matter with 30 days from the day of the ruling.
It was the argument of Mrs. Torkornoo that the Republic of Ghana be made to suspend the disciplinary/removal from office as Chief Justice process against the Applicant, pending the hearing and determination of the complaint on its merit.
She said the Court should take a decision that Ghana ensures that the Applicant continues to enjoy the paraphernalia and entitlements of her office as the Chief Justice of Ghana pending the hearing and determination of the case;
She wanted the Court to refrain Ghana from taking any other measures that may harm the rights claimed by her or aggravate or extend the dispute submitted to the Court, or compromise the implementation of any decision that the Court may render.
She said given, the urgency of the situation, Mrs Torkornoo requests the Court to hold a hearing on the request as soon as possible and President of the Court ask Ghana to act in order to allow any order that the Court may issue on the Request for Assignment of Precautionary Measures to have its appropriate effect.
Following the dismissal of the preliminary case, the substantive matter will take an its normal cause.
Source :www.kumasimail.com
