The ECOWAS Community Court of Justice has allowed Ghana’s Deputy Attorney-General, Dr. Justice Srem Sai, to file a defence late in a human rights case brought by former Chief Justice Gertrude Torkornoo.
This means the court accepted the state’s response even though it missed the original deadline. The court also gave Justice Torkornoo seven days to reply to the updated defence.
Justice Torkornoo first took the case to court after her suspension under Article 146 of the 1992 Constitution, arguing that the process violated her fundamental rights.
After she was later dismissed, she amended her case at the ECOWAS Court to challenge her removal.
Although the court had earlier ordered the state to file its defence within 30 days, the deadline passed on March 1, 2026, without a submission.
The Attorney-General’s office later filed its defence along with a request for it to be accepted.
Lawyers for Justice Torkornoo opposed this, saying the filing was late and no proper request for an extension had been made, and asked the court to strike it out.
In response, Dr Srem Sai said the state had not been aware of the deadline because it had not been formally served with the court’s directive.
He explained that the defence was filed as soon as they became aware and asked the court to allow it in the interest of justice.
The court questioned this explanation, noting that lawyers present when an order is given are considered aware of it.
It also pointed out that the correct step would have been to formally apply for more time.
Despite these concerns, the court granted the extension, accepted the state’s defence, and allowed Justice Torkornoo time to respond.
