By Morkporkpor Anku
Accra, June 24, GNA – The ECOWAS Community Court of Justice has dismissed all claims brought by former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo against Ghana.
The Court ruled that no violation of her rights occurred during the process leading to her suspension and removal from office, and consequently rejected her claim for US$10 million in compensation for alleged moral and reputational damages.
Dr Justice Srem-Sai, Deputy Attorney-General, represented Ghana, while Mr Femi Falana, Nigerian lawyer, represented the former Chief Justice.
In its judgment, the Court held that the suspension of Justice Torkornoo did not violate her right to work and rejected claims that the decision was arbitrary or motivated by ill will.
It ruled that due process was observed throughout the proceedings and found no basis for the claim that she had been arbitrarily dismissed.
On her status as a member of the superior courts, the Court described as untenable the argument that she remained a member of the Supreme Court, Court of Appeal and High Court independent of her position as Chief Justice.
It said her membership of those courts flowed directly from her office as Chief Justice and could not subsist separately once she ceased to hold that position.
The Court also dismissed her contention that the removal process was unlawful because the inquiry committee focused primarily on the first petition and did not proceed extensively on the second and third petitions.
It held that the committee acted prudently and in the interest of judicial economy.
Another claim rejected by the Court related to allegations of undignified treatment during the proceedings.
Justice Torkornoo had alleged that she was subjected to searches, that her husband and family members were prevented from attending proceedings, and that the choice of venue was deliberately intended to cause discomfort.
The Court found that the security arrangements and measures adopted were lawful, proportionate and justified.
It further rejected the argument that the committee violated her rights by continuing its proceedings despite her application before the ECOWAS Court seeking provisional measures to halt the process.
The Court held that the continuation of the proceedings did not constitute a violation of her rights.
On access to information, the Court found that Ghana had not violated her right to receive information relating to the proceedings.
While acknowledging that she was entitled to obtain the full report and record of proceedings, the Court observed that she had not demonstrated that she had first requested those documents before commencing the action.
Mr Falana expressed dissatisfaction with the decision and made remarks suggesting that the judgment would have implications for judicial independence within the sub-region.
The Court described the comments as unacceptable and indicated that it had not expected such remarks from a lawyer of his standing.
The former Chief Justice had initially approached the ECOWAS Court alleging violations of her human rights and seeking declarations, orders and compensation against Ghana.
GNA
Edited by Kenneth Sackey
Reporter: Morkporkpor Anku
[email protected]