ECOWAS ruling could reward former CJ for rights breach without office return – Prof. Kwadwo Appiagyei-Atua

The ongoing petition by former Chief Justice Gertrude Torkonoo before the ECOWAS Court is expected to yield financial remedies rather than a return to office, according to Prof. Kwadwo Appiagyei-Atua, a law lecturer at the University of Ghana.

Prof. Appiagyei-Atua highlighted that while Justice Torkonoo has presented strong human rights arguments regarding her removal, the court is unlikely to overturn the tenure of the current Chief Justice.

“At this stage, I believe the ECOWAS Court will not make a ruling that allows her to resume the position of Chief Justice, or even return to the Supreme Court. What is more probable is that the court identifies violations of her rights,” he explained.

The professor further noted that a favorable ruling could see the government ordered to provide compensation for any infringements, without displacing the currently installed Chief Justice. “She may succeed on certain grounds, which could lead to monetary compensation. However, this would not involve removing the current Chief Justice to reinstate her,” he added.

Justice Torkonoo’s petition asserts that her right to a fair hearing, safeguarded under Ghana’s 1992 Constitution and the 1991 Protocol of the ECOWAS Community Court of Justice, was breached during the processes that resulted in her dismissal. Earlier, the ECOWAS Court dismissed her application for interim measures intended to halt the activities of the Justice Pwamang Committee, which investigated the petition triggering her exit.

Prof. Appiagyei-Atua also expressed concern over the prolonged deliberation of the court on her preliminary applications. “The delay is concerning because such temporary measures are normally handled promptly to prevent them from becoming irrelevant,” he said.

PAY ATTENTION:  Luis Suárez handed nine-game ban after spitting incident in Leagues Cup Final

As the case unfolds, attention now turns to the ECOWAS Court’s final determination, which could set an important precedent regarding the balance between human rights protections and institutional continuity within Ghana’s judiciary.


If you want, I can also draft three alternative professional headlines that are punchier and suitable for online publication to boost clicks. Do you want me to do that?

Source: Wesleyannews.com

Do you have a story to share? Send it to our editorial team at editor@wesleyannews.com

Leave a Reply

Your email address will not be published. Required fields are marked *