Ecowas court dismisses ex-CJ's bid to halt inquiry

The Community Court of Justice of the Economic Community of West African States (Ecowas) has dismissed an application filed by former Ghana Chief Justice Gertrude Torkornoo, which sought to temporarily halt the fact-finding committee’s work that inquired into the petition for her removal. The provisional measure was to temporarily protect her rights and prevent irreparable harm, pending the final determination of the substantive case, reports Graphic Online. In a ruling delivered on Wednesday, the court was of the opinion that Torkornoo filed the application for the provisional measure more than eight weeks after her suspension and more than six weeks after the committee’s hearing commenced. It added that the applicant’s own showing defeated the imminence and exceptional circumstance required for the court to temporarily halt the proceedings pending the final determination of the substantive case.

According to a second Graphic Online report, the court also dismissed a preliminary objection filed by Ghana’s Attorney-General which sought to challenge the jurisdiction of the court to hear the case filed by Torkornoo. The Attorney-General was of the view that the court lacked jurisdiction to hear the matter since it concerned constitutional matters pending before competent domestic courts in Ghana, including the Supreme Court. The Ecowas court, however, held that Torkornoo had a prima facie case of a violation of her fundamental human rights and ruled that the court had jurisdiction to hear the case. The Attorney-General has been given 30 days to file his response.

Second Graphic Online report

First Graphic Online report