Deputy Attorney-General and Minister of Justice, Justice Srem-Sai, recently offered insight into Ghana’s delay in submitting a formal response to the case involving former Chief Justice Gertrude Torkornoo at the ECOWAS Community Court of Justice in Abuja.
Justice Torkornoo initiated legal action by filing a suit at the ECOWAS Court on July 4, 2025, alleging that her suspension and removal from office violated her human rights. In response, the government has not yet filed a substantive defense, citing a key legal hurdle: an objection to the Court’s jurisdiction. Ghana’s legal team contends that the ECOWAS Court may lack jurisdiction in this matter, especially because related constitutional issues are currently being dealt with in Ghana’s domestic courts, including the Supreme Court. They argue that proceeding without addressing this objection might open the door to forum shopping and conflicting rulings between the national judiciary and the regional court.
The government’s stance is that domestic remedies and judicial processes are ongoing and should take precedence, and that the ECOWAS Court would need to determine whether it is competent to adjudicate the case before moving forward.
Meanwhile, the ECOWAS Court has scheduled a ruling on whether to grant provisional measures, including whether to temporarily halt the removal proceedings and reinstate Chief Justice Torkornoo, while resolving the jurisdictional and admissibility issues.
In summary, Ghana’s delay in filing a formal response stems primarily from its jurisdictional objection at the ECOWAS Court, and the ongoing domestic court processes, which the government views as critical to resolving the matter before the Court can properly proceed.
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