- Prof. Kwadwo Appiagyei-Atua says former Chief Justice Gertrude Torkonoo is more likely to receive compensation than reinstatement
- He argues the ECOWAS Court is unlikely to overturn her removal or affect the tenure of the new Chief Justice
- Torkonoo claims her right to a fair hearing was violated during the process that led to her removal
A law lecturer at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, believes former Chief Justice Gertrude Torkonoo is more likely to receive financial compensation rather 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 important human rights concerns, the court is unlikely to reverse her removal or interfere with the tenure of the newly sworn-in Chief Justice.
“At this point, I do not expect the ECOWAS Court to order her reinstatement as Chief Justice or even as a Supreme Court Justice. However, it may find that her rights were violated,” he said.
He added that while she could win on some grounds, any outcome would likely involve compensation rather than the removal of the current Chief Justice.
Justice Torkonoo has taken her case to the ECOWAS Court, arguing that her right to a fair hearing—guaranteed by Ghana’s 1992 Constitution and the 1991 ECOWAS Court Protocol—was breached during the processes leading to her removal.
This comes after the ECOWAS Court dismissed her request for interim measures that sought to stop the Justice Pwamang Committee, which investigated the petition that resulted in her exit.
Prof. Appiagyei-Atua also expressed concern about the court’s slow handling of the preliminary ruling.
“The delay is worrying because interim applications are meant to be addressed promptly to prevent them from becoming irrelevant,” he said.
