The ECOWAS Community Court of Justice has ruled in favour of Ghana, dismissing all claims brought by suspended former Chief Justice Gertrude Araba Esaaba Torkonoo and awarding her no compensation.
The Court held that no violations of rights occurred and therefore she was not entitled to her $10 million claim.
Ghana’s case was pleaded and argued by Deputy Attorney-General Dr. Justice Srem-Sai.
The former Chief Justice was represented by Senior Advocate of Nigeria, Femi Falana.
In a dramatic post-judgment moment, Femi Falana reportedly lost his cool and remarked that the judgment should be made available so judges in the sub-region would know “they can’t rule against their governments”.
The Court described the conduct and comments as “unacceptable” and said it “did not expect that from him”.
The Court was impressed with submissions and arguments made by Dr. Justice Srem-Sai and upheld all of them.
7 key findings by the Court:
Suspension lawful– The suspension of the Chief Justice did not violate her right to work.
The Court rejected Torkonoo’s claim that it was arbitrary and motivated by ill will.
Due process observed – She was not arbitrarily dismissed.
The Court found due process was followed.
Position tied to CJ role– Her claim that she should have been removed separately from the Supreme Court, Court of Appeal, and High Court was dismissed as “absurd”.
The Court ruled her membership of those courts flowed from her position as Chief Justice.
Once she ceased being CJ, she could not claim membership of the other courts.
Committee acted prudently – The Court rejected her claim that removal was unlawful because the Committee focused only on the first petition.
It found the Committee acted in the interest of judicial economy.
Security measures proportionate – Claims of undignified treatment, including being searched and exclusion of her husband/family, plus use of Adu Lodge due to her uncle, were rejected.
The Court found the measures lawful and proportionate.
Proceedings could continue – The Court dismissed her claim that the Committee violated her rights by continuing removal proceedings despite her application for provisional measures to suspend them.
Right to information not violated – Ghana did not violate her right to information.
Though entitled to the full report and record, the Court said she did not prove she first requested it before heading to court.
The ECOWAS Court’s ruling clears Ghana of any rights violations and validates the process that led to the suspension of the former Chief Justice.
The $10m claim is dead.
