The ECOWAS Court’s ruling on Gertrude Torkornoo’s case has sparked debate, but her lawyer clarifies: it doesn’t impact the core issue. Here’s why:
The court dismissed Torkornoo’s interim application to halt an investigative committee, but her lawyer, Nii Ayikoi Otoo, emphasizes that this ruling only addresses preliminary matters. It doesn’t change the fact that Torkornoo’s human rights claims remain active. Her case revolves around alleged violations of her right to a fair hearing, as guaranteed by Ghana’s 1992 Constitution and the 1991 Protocol of the ECOWAS Community Court of Justice.
The key point: the court’s decision doesn’t affect the substance of her case. Otoo explains, “The ECOWAS Court operates regardless of pending cases in your country.” This means the regional court can proceed with the substantive hearing, examining the core human rights issues Torkornoo raised.
Despite the ruling, ongoing actions in Ghana, like the appointment of a new Chief Justice, Paul Baffoe-Bonnie, continue. Otoo calls the ruling “vain” in terms of halting these processes. The court has ordered Ghana to respond within 30 days, setting the stage for the substantive human rights issues to be addressed.
In essence, the ECOWAS Court’s ruling is a procedural step, not a final verdict. Torkornoo’s fight for her rights continues, and the court’s jurisdiction over human rights matters remains intact.