The Deputy Minister for Justice and Attorney General Justice Srem-Sai, has counted all the arguments and reliefs made by the suspended Chief Justice Gertrude Esaaba Sackey Torkornoo, at the ECOWAS court in Abuja.
It comes amidst the suspended Chief Justice running to the international court after failing to make head way in the local courts including the Supreme Court.
Recall that about two weeks ago, the CJ through her lawyers dragged Ghana to the sub-regional court, over her suspension and the subsequent probe by the Justice Gabriel-Scot Pwamang-led committee, constituted by President John Dramani Mahama.
The embattled CJ after surprisingly landing Nigeria asked the Community Court for a couple of reliefs including revocation of her suspension and end to the ongoing probe as a result of three petitions for her removal.
She also asked that, a $10 million be awarded her as compensation. She argued that the amount is to make up for the violation on her fundamental human rights and damage caused to her reputation and that of her family.
“An award of USF 10 million as compensation for moral and reputation damages suffered by the Applicant as a result of her illegal suspension and unfair investigation”, adding that the suspension by the President “exposed her to public ridicule and odium, locally said internationally, and that the said act constitutes a violation of her human right to dignify guaranteed by Article 5 pf the African Charter on Human and Peoples’ Rights”.
The CJ argued that the whole process was a violation of her fundamental human rights and right to fair hearing. She also argued that the process underway to remove her was unlawful.
She also accused the president of failing to specify the claims in the petitions for her removal upon which he relied to suspend her. She said the probe was unlawful.
Before tackling the substantive issue, the CJ also asked the court for interim measures that will enable her function and enjoy privileges she is entitled to as CJ until the conclusion of the case.
She asked that in the meantime, the court grants her some interim reliefs. The Chief Justice prayed the court that the suspension she is currently observing is lifted so that she can go back to occupy her position.
She asked for the suspension of the disciplinary action against her pending the determination of the substantive case.
She prayed the court to in the interim continue to enjoy the benefits or entitlements a CJ enjoys in until the substantive case is determined.
The beleaguered CJ is also asked that Ghana refrains from doing anything that may harm her enjoyment of her rights.
But on Day 1 of the court’s sitting, the Deputy Attorney General and Minister representing the president and Ghana, rebutted the arguments by the CJ and her lawyers saying the interim reliefs being sought should not be granted.
Tickling the reliefs one after the other, Dr Srem-Sai said Justice Torkornoo is still the CJ despite being on suspension as directed by the president and so the prayer for the suspension to be lifted was unwarranted.
Concerning her personal right, the AG said the Justice Torkornoo does not have such right to continue to function as CJ when she is subject to a constitutionally prescribed removal process.
According to Srem-Sai, the claim that her suspension was done without due process was false.
He pointed out that, the president followed due process by consulting the Council of State as required by Article 146 of the Constitution and that the accusation that the suspension was done in a unilaterally and arbitrarily manner could not stand.
He continued to refute that the suspension in itself does not occasion or irreparable damage to the CJ if the case proceeds while she remains suspended.
Additionally, Srem-Sai insisted that the Community Court was incompetent to hear the CJ’s suit because in their previous rulings, the court had said that when it comes to issue of where local courts have made determination it is not for the court to review same.
He argued from the point of the 5 injunction applications filed at the Supreme Court by the CJ herself and others including members of the opposition New Patriotic Party (NPP) but were either dismissed or are pending at the high court.
In the view of the deputy AG, the substantive application does not stand a chance of succeeding in court. The court has since adjourned the case pending it ruling on the interim reliefs.
By Gifty Boateng
