Deputy Attorney-General, Dr. Justice Srem Sai has said government will file an application at the ECOWAS court to oppose the former Chief Justice, Gertrude Torkornoo’s application for default judgement.
The former Chief Justice 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.
She 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.
Providing update on the matter in an interview with TV3 on September 4, 2025, the Deputy Attorney-General explained that the A-G’s office will oppose this new application by the former Chief Justice.
“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.
At the early stages when the matter was filed at the ECOWAS court by Gertrude Torkornoo, the Attorney-General’s office objected to the jurisdiction of the ECOWAS court 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.
“This morning, we woke up to a new process so the court is yet to rule on the objections that we raised. The court adjourned since June to give a decision on the matter, there’s no decision yet.
“This dawn we woke up to another process which was serve on us from the court that the former chief justice is seeking judgement in default of defence. In other words that we have not defended the substantive suit, we have 30 days to do so and that we have not filed our defence,” he remarked.
Explaining why the A-G’s office has not filed its defence yet in the matter, Srem Sai noted: “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.”
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 stated.
