A law lecturer at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, says former Chief Justice Gertrude Torkonoo is more likely to receive monetary compensation than reinstatement if the ECOWAS Court rules in her favour.
Speaking on JoyNews’ The Pulse on Wednesday, November 19, he explained that although Justice Torkonoo has raised significant human rights issues, the court is unlikely to overturn her removal or disrupt the tenure of the newly sworn-in Chief Justice.
“At this stage, what I feel is that the ECOWAS Court will not rule regarding her ability to come back to the position of Chief Justice, or even as a member of the Supreme Court. But it is likely to find a case of violation of her rights,” he said.
“It is possible she might win one of those grounds, and the government may be asked to compensate for the rights that were violated. But it wouldn’t be about removing the currently installed Chief Justice and bringing her back,” he added.
Justice Torkonoo has petitioned the ECOWAS Court, alleging that her right to a fair hearing, protected under Ghana’s 1992 Constitution and the 1991 Protocol of the ECOWAS Community Court of Justice, was violated during the processes that led to her removal.
This follows the ECOWAS Court’s earlier decision dismissing her application for interim measures intended to halt the work of the Justice Pwamang Committee, which investigated the petition that triggered her exit from office.
Prof. Appiagyei-Atua also expressed concern over the time the court is taking to issue its preliminary ruling.
“The delay is concerning because this is a temporary measure they applied for. Such applications are normally attended to quickly to avoid making them moot,” he noted.
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