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The ECOWAS Community Court of Justice has granted an application by Dr Justice Srem Sai to regularise a defence filed after the deadline in a human rights case brought by Gertrude Torkonoo.
The ruling permits the state’s response to be admitted despite being submitted late, while also giving the applicant seven days to file a reply to the amended defence.
Justice Torkonoo initially filed the case at the Human Rights Court, challenging her suspension under Article 146 of the 1992 Constitution of Ghana on grounds that it violated her fundamental rights. Following her dismissal, she amended her application before the ECOWAS court to contest her removal.
Although the court had earlier directed the state to file its defence within 30 days, the Attorney-General’s office missed the March 1, 2026 deadline. The defence was later submitted alongside a request for the court to exercise its discretion and admit it.
Lawyers for Justice Torkonoo argued that the filing was invalid due to the delay and the absence of a formal application for extension, urging the court to strike it out. However, the Deputy Attorney-General maintained that the state had not been served with the directive and only became aware of it upon receiving a hearing notice.
The court questioned this explanation, noting that under common law, counsel present when orders are issued are deemed to have notice. It also indicated that the proper procedure would have been to formally apply for an extension of time.
Despite these concerns, and with no strong opposition from the applicant, the court granted the extension and admitted the state’s defence, allowing the case to proceed.
Source: citinews
