The Community Court of Justice of the Economic Community of West African States (ECOWAS) has dismissed a preliminary objection filed by the Attorney-General which sought to challenge the jurisdiction of the court to hear the case filed by former Chief Justice Torkornoo.
Former Chief Justice Gertrude Torkornoo was seeking to temporarily halt the fact-finding committee’s work that inquired into the petition for her removal.
The provisional measure was to temporarily protect her rights and prevent irreparable harm, pending the final determination of the substantive case.
The Attorney-General was of the view that the court lacked jurisdiction to hear the matter since it concerned constitutional matters pending before competent domestic courts in Ghana, including the Supreme Court.
Dismissing the preliminary objection today, the court held that Justice Gertrude Torkornoo had a prima facie case of a violation of her fundamental human rights and ruled that the court had jurisdiction to hear the case.
The Attorney-General has been given 30 days to file his response to former Chief Justice Torkornoo’s case.
Source: Graphic Online
