Wednesday, 19 November

Dismissal of interim application doesn’t alter substantive case, lawyer for ex-CJ Torkornoo insists

Politics
Nii Ayikoi Otoo

Lawyer for former dismissed Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, Nii Ayikoi Otoo, has revealed that the ECOWAS Court’s dismissal of the former Chief Justice's interim application to halt the investigative committee does not affect the substantive case concerning her removal from office.

According to him, the ruling only addresses preliminary matters and does not change the ongoing human rights claims filed by Justice Torkornoo.

His comments follow the former Chief Justice's approach to the ECOWAS court seeking enforcement of her human rights, alleging a violation of her right to a fair hearing as guaranteed under Ghana’s 1992 Constitution and the 1991 Protocol of the ECOWAS Community Court of Justice.

During a Zoom hearing on Wednesday, 19 November 2025, the court rejected the objection, ruling that Justice Torkornoo had established a prima facie case of fundamental human rights violations, and therefore, the court has jurisdiction to proceed with the case.

However lawyer for the suspended Chief Justice described the ruling as vain in terms of halting ongoing actions in Ghana, such as the appointment and swearing-in of a new Chief Justice, Chief Justice Paul Baffoe-Bonnie.

He added that the court’s decision to reject Ghana’s objection was based on pending cases in the local court, allowing the regional court to proceed with the substantive hearing.

“So, per our simple understanding, this does not affect the larger substantive matter at all.

The ECOWAS Court operates whether or not a case is pending in your country,” Otoo said.

“Why are they disputing that an interim application has been dismissed?

Because that interim had overtaken my event,” he said.

Nii Ayikoi Otoo, noted that the ECOWAS Court has now ordered Ghana to file its response to Justice Torkornoo’s application within 30 days, which sets the stage for the regional court to examine the main human rights issues she has raised.

“The preliminary objection has been dismissed, and they have been given 30 days to file their processes.

So you’re just proceeding to the substantive matter, with or without them,” he said.

He made this remark while speaking on Accra-based Joy FM on Wednesday

Source: Classfmonline.com/Zita Okwang