The ECOWAS Community Court of Justice has granted the Attorney-General’s office an extension to submit a defence that was filed after the original deadline in the human rights suit brought by former Chief Justice Gertrude Torkonoo.

According to a citinewsroom.com report on Wednesday, March 25, 2026, the ruling means the state’s response will be admitted despite missing the March 1, 2026, filing deadline, and Justice Torkonoo has been given seven days to reply to the amended defence.

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Justice Torkonoo initially filed the case at the Human Rights Court after she was suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution, claiming that her fundamental rights were violated.

After her dismissal, which took place later, she amended her application before the ECOWAS court to challenge the legality of her removal.

The court had earlier allowed the amendment, directing the state to file its defence within 30 days.

The Attorney-General’s office, represented by Deputy Attorney-General, Dr Justice Srem Sai, missed the deadline and subsequently requested that the court exercise discretion to admit the late submission.

The report added that Justice Torkonoo’s counsel argued that the defence was filed out of time without a formal application for an extension, urging the court to strike it out.

Dr Srem Sai, on the other hand, explained that the state had not been served with the court’s directive and only became aware of the deadline after receiving a hearing notice.

He told the court that the defence was filed promptly upon becoming aware of the order, despite the intervening public holiday, and appealed for the court to exercise its discretion in the interest of justice.

The court raised concerns over this argument, noting that, under common law practice, counsel present in court are deemed to have notice of orders once delivered.

The proper procedure would have been to file a formal request for an extension of time.

Justice Torkonoo’s lawyers countered that the Attorney-General’s representatives were present when the directive was issued, making the claim of lack of service questionable.

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Despite the debate, the court allowed the state’s late filing and granted Justice Torkonoo seven days to respond to the amended defence.

MAG/AE

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