Deputy Attorney-General, Dr. Justice Srem Sai has provided explanation as to why the office of the Attorney-General is yet to file a defence at the ECOWAS court in respect to former Chief Justice, Gertrude Torkornoo’s case.
Gertrude Torkornoo filed an application at the ECOWAS court at the time she was suspended and urged the ECOWAS court to order President Mahama to reinstate her.
Amongst many others, Torkornoo insisted her right to fair hearing has been violated, describing the processes adopted in suspending her as “unconstitutional” and demanded to be awarded $10 million in damages.
But the Deputy Attorney-General noted that the reason for government not filing its defence in the matter yet is because of the A-G’s preliminary objection to the jurisdiction of the ECOWAS in the matter, insisting that the court does not have the power to interpret Ghana’s constitution.
“But we objected to the jurisdiction of the ECOWAS court saying that the court does not have the power to assume jurisdiction over a matter which a local court, that is the Supreme Court of Ghana is hearing and ECOWAS community court does not have any power to interpret Ghana’s constitution for us. These were the objection we raised on the jurisdiction of the court,” he said.
The ECOWAS court is yet to rule on these objections by the Attorney-General as the case has been adjourned indefinitely.
He further explained that the ECOWAS court has to rule on the objections raised about its jurisdiction on the matter first before the A-G’s office can file defence on the substantive matter.
“…but our preliminary thought is that if we are objecting to the jurisdiction of the court and the court has taken argument and has adjourned to give a ruling, one way or the other, we do not think that we have to file on the substantive issue because the question before the court is whether the court has jurisdiction first.
“The court has to clear that aspect and when it says that it has jurisdiction, they will the order us to file our defence,” he stated.
In his view, if the ECOWAS court had interest in ordering them to file their defence in the matter, the court would have ordered that they file their defence together with their preliminary objection.
“And indeed, if the court was interested in getting our defence, the court could have ordered that we file our defence together with our preliminary objection because we argued the matter in ECOWAS court and were heard and the court in adjourning did not give any further direction.
“They told us that they are rising and then they have adjourned indefinitely and will come back to give us further direction so we are waiting for further direction only to be served with notice of default of defence,” he said.
Gertrude Torkornoo recently filed an application at the ECOWAS court after she has been removed from office, urging the ECOWAS court to deliver judgment in her favour insisting the Attorney-General has failed to file a defence to the case within the required time.
Her lawyers on Wednesday, September 3, 2025 filed processes alleging the 30 day timeline provided in court rules for responses to be filed have not been complied with by Ghana.
But Dr. Srem Sai noted that the A-G will file an application at the ECOWAS court to oppose the Gertrude Torkornoo’s application for default judgement.
“We would have to file to oppose application for default judgement because like I explained the court did not order us to file for our defence,” he stated.
