The ECOWAS Community Court of Justice has granted an application by Deputy Attorney-General Justice Srem Sai to regularise a defence filed out of time in a human rights case brought by former Chief Justice Gertrude Torkornoo.
The ruling allows the state’s response to be admitted despite missing the initial deadline. The court also granted Justice Torkornoo seven days to file a reply to the amended defence.
Justice Torkornoo originally filed the case at the Human Rights Court following her suspension under Article 146 proceedings of the 1992 Constitution of Ghana, arguing that the process violated her fundamental rights. After her dismissal, she amended her application before the ECOWAS Court to challenge her removal.
The regional court had earlier permitted the amendment—over objections from the Attorney-General—and directed the state to file its defence within 30 days. However, the deadline, which expired on March 1, 2026, was missed.
The Attorney-General’s office subsequently filed its defence along with a request for the court to admit it out of time. Counsel for Justice Torkornoo opposed the move, arguing that the filing was procedurally defective and should be struck out.
In response, Dr Srem Sai told the court that the state had not been served with the directive and only became aware of the timeline upon receiving a hearing notice. He added that the defence was filed promptly thereafter and urged the court to act in the interest of justice.
The court, however, questioned the explanation, noting that under common law principles, counsel present in court are deemed to have notice of orders when they are made. It also indicated that the proper procedure would have been to formally apply for an extension of time.
Despite these concerns, Justice Torkornoo’s legal team did not oppose the request for an extension outright but asked for the opportunity to respond if the court allowed the late filing.
The court ultimately exercised its discretion to grant the extension, admit the state’s amended defence, and permit the applicant seven days to file a reply.
