ECOWAS COURT REJECTS TORKORNOO’S BID TO BLOCK HER REMOVAL, OVERRULES STATE OBJECTION
The regional court dismissed the former Chief Justice's request for an injunction, stating she failed to prove "urgency" or "imminent harm,"
The ECOWAS Community Court of Justice has delivered a significant ruling, rejecting an application by former Chief Justice Gertrude Torkornoo to temporarily halt her removal from office and secure her reinstatement.
In a ruling delivered on Wednesday, November 19, the court found that Torkornoo’s request for interim measures did not meet the necessary legal threshold. The court held that she failed to demonstrate the “urgency” or “imminent and irreparable harm” required for such an injunction, particularly as she filed the application almost three months after her suspension.
Deputy Attorney-General Dr. Justice Srem Sai, who represented the State, quoted the ruling, which stated, “The Applicant’s own conduct defeats her claim of imminent and irreparable harm… The Court finds no basis to assess the remaining criteria for provisional measures, same being cumulative.”
In a dual outcome, the ECOWAS Court also overruled a preliminary objection from the Ghanaian government. The State had argued that the court lacked jurisdiction, contending that the matter involved constitutional interpretation already settled by Ghana’s Supreme Court. However, the ECOWAS Court dismissed this objection, affirming its authority to hear the case because Torkornoo’s petition alleges violations of her human rights, including the right to a fair hearing and dignity.
This means that while Torkornoo will not be reinstated while the case is ongoing, her substantive human rights suit against the State of Ghana will proceed. The ruling allows the processes for her permanent removal to continue unimpeded as the broader legal battle on the alleged rights infringements plays out in the regional court.
Source:NKONKONSA.com
