Josiah
The ECOWAS Community Court of Justice has dismissed all claims filed by former Chief Justice Gertrude Torkornoo against the Republic of Ghana, ruling that her rights were not violated during the process that resulted in her removal from office.
In its judgment, the court rejected all seven claims presented by Justice Torkornoo and declined her request for US$10 million in damages. The judges held that no violation of her rights under the African Charter on Human and Peoples’ Rights had been established and, therefore, there was no basis for awarding compensation.
Ghana’s case was argued by Justice Srem Sai, while Justice Torkornoo was represented by Nigerian human rights lawyer Femi Falana.
The court ruled that Justice Torkornoo’s suspension and subsequent removal from office did not violate her right to work and could not be considered arbitrary or undertaken in bad faith. It further found that the removal process complied with due process requirements and was conducted in accordance with the law.
Addressing her claim that she remained a member of the Supreme Court, Court of Appeal, and High Court despite her removal as Chief Justice, the court disagreed. It held that her membership of those courts was derived directly from her position as Chief Justice and could not continue independently once she ceased to hold that office.
The court also dismissed her argument that the investigative committee acted unlawfully by concentrating primarily on the first petition against her rather than the second and third petitions. According to the ruling, the committee acted reasonably and in the interest of judicial efficiency.
On allegations of undignified treatment during the proceedings, including security checks, limitations on family attendance, and concerns about the venue, the court found that the measures adopted were lawful, necessary, and proportionate to the circumstances.
The judges further rejected claims that the committee acted improperly by continuing its proceedings while an application for provisional measures was pending before the ECOWAS Court. Additionally, the court found no violation of Justice Torkornoo’s right to information, noting that although she was entitled to the full report and records of the proceedings, she had not demonstrated that she formally requested those documents before initiating legal action.
The ruling effectively brings Justice Torkornoo’s challenge before the regional court to an end and marks a significant legal victory for the Government of Ghana. Following the judgment, Femi Falana reportedly expressed dissatisfaction with the decision. The court, however, described some of his remarks as inappropriate and stated that it did not expect such comments from a lawyer of his experience and standing.
Source:Omanghana.com
