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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 should the ECOWAS Court rule in her favour.
Speaking on JoyNews’ The Pulse on Wednesday, November 19, he said although Justice Torkonoo has raised strong human rights claims, the regional court is unlikely to overturn her removal or interfere with 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 explained.
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According to him, if the court finds merit in her complaint, the likely outcome would be state compensation rather than reinstatement.
“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’s petition before the ECOWAS Court alleges a breach of her right to a fair hearing, guaranteed by Ghana’s 1992 Constitution and the ECOWAS Court Protocol. Her action followed the processes that led to her removal after a committee chaired by Justice Gabriel Pwamang investigated a petition against her.
The ECOWAS Court recently dismissed her application for interim measures seeking to halt the committee’s work, although it ruled that her substantive human rights case can proceed.
Prof. Appiagyei-Atua also questioned the delay in delivering the preliminary ruling, describing it as worrying for an application meant to address urgent concerns.
“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 said.
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