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 it was without merit.
On Wednesday, November 19, the ECOWAS Court, while dismissing the request, said by her own conduct, she failed to demonstrate “urgency” or claim of imminent and irreparable harm.
The Court ruled that it was satisfied that the Applicant had not demonstrated the existence of imminent or exceptional circumstances that would justify the urgency of the application filed almost three months after the act complained of.
The Court said that between May 15, 2025, when the Article 146 Committee started its work, and July 4, 2025, when she filed her action, was three months apart, which defeats her own argument of urgency.
The Court stated that the application did not satisfy the criteria for a grant of interim measures.
The Court said Mrs. Torkornoo’s failure to meet the requirement of urgency meant that it found no basis to assess the criteria for provisional measures.
Prior to dismissing her request, the Court 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.
The Deputy Attorney General, Dr. Justice Stem-Said, represented the Attorney General, while the former Chief Justice was represented by external lawyers led by Femi Falana.
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 within 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 order Ghana to refrain 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.
Given the urgency of the situation, Mrs. Torkornoo requested the Court to hold a hearing on the request as soon as possible and the 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 its normal course.
End
Source: Starrfm.com.gh
