The Community Court of Justice in Abuja, Nigeria has dismissed preliminary objections filed by Ghana, challenging its jurisdiction to hear and determine the legality of the suspension of Justice Getrude Araba Sackey Torkornoo as Justice of the Supreme Court.
In a ruling delivered on Wednesday, November 19, the Judges of the Court, otherwise known as ECOWAS Court, unanimously held that the case is admissible and that it has the jurisdictional competence to hear the case.
According to the ruling, the case involved human rights abuses against the deposed Chief Justice.
It discloses a prima facie case of violation of her human rights to fair hearing, dignity and right to work.
The Deputy Minister of Justice, Dr. Justice Srem Sai, had represented the nation in arguing that the substantive application is manifestly inadmissible while the Court is manifestly incompetent to assume jurisdiction over the substantive suit.
He also argued that the application does not disclose any chance of success.
However, all the grounds of the preliminary objection were dismissed as argued by Femi Falana SAN, a former President of the West African Bar Association and legal representative of the applicant.
Ghana was given 30 days within which to file its defence to the substantive case, which will be fixed for hearing after the 30-day period.
Meanwhile, the Court dismissed the application of the Chief Justice for provisional measures on the ground that her suspension had taken place over three months before she approached the court for legal redress.