BY Nadia Ntiamoah
The legal challenge mounted by Ghana’s former Chief Justice, Gertrude Araba Torkornoo, against her suspension and subsequent removal from office has taken a new turn at the ECOWAS Court of Justice, with the court granting her legal team seven days to respond to a statement of defence filed by the state.
The development comes amid an ongoing high-stakes judicial dispute that has drawn national and regional attention, raising questions about judicial independence, constitutional interpretation, and due process in Ghana.
Background
Justice Torkornoo initially approached the ECOWAS Court to challenge her suspension from office, arguing that the process violated her rights.
However, in a significant expansion of her case, she was later granted leave by the court to amend her application to include her removal from office, effectively broadening the scope of the legal battle.
Following this amendment, the court directed the Ghanaian state, represented by Deputy Attorney-General Justice Srem-Sai, to file a response to the amended claims within 30 days.
Delay And courtroom Dispute
Despite the clear directive, the Attorney-General’s office failed to file its defence within the stipulated timeframe, prompting a procedural dispute when the case was called.
Dr. Srem-Sai explained to the court that the delay was due to the non-service of the court’s directive on his office, arguing that his team had not been formally notified of the order requiring the filing of the defence.
However, counsel for Justice Torkornoo, renowned Nigerian human rights lawyer Femi Falana, strongly opposed this explanation.
He urged the court to strike out the statement of defence, insisting that it had been filed out of time and without the required leave of the court.
Court exercises discretion
In its ruling, the ECOWAS Court declined to strike out the defence, choosing instead to exercise its discretionary powers in favour of allowing the state’s response to stand. The court’s decision effectively keeps both sides in the contest, ensuring that the substantive issues raised in the case will be fully examined.
To balance the process, the court granted Justice Torkornoo’s legal team seven days to file a reply to the defence, setting the stage for the next phase of proceedings.
