Lawyer and Member of Parliament for Akwatia, Bernard Badieko Baidoo, has publicly expressed his views regarding the recent ECOWAS Court of Justice dismissed the application filed by former Chief Justice Gertrude Torkornoo. The application sought interim measures to halt the work of the committee investigating her removal from the office.
Speaking in an interview with Citizen Kofi Owusu on Ahotor FM, Honourable Badieko Baidoo stated that the former Chief Justice’s effort to obtain an injunction from the ECOWAS Court was unlikely to succeed from the beginning. He explained that the court does not have the authority to issue injunctions that stop either the President of Ghana or the investigative committee from performing their constitutional duties.
Nonetheless, the ECOWAS Court maintained that it has jurisdiction over the matter, a position that Bernard Badieko Baidoo strongly disagrees with. He emphasized his belief that Ghana is a sovereign nation with its own constitution and judicial system that must be respected. Although Ghana is a signatory to treaties that acknowledge the authority of the ECOWAS Court, Baidoo argued that this case falls within the realm of constitutional law, which should be handled exclusively by Ghana’s Supreme Court.
He further noted that the Supreme Court was the appropriate venue for the former Chief Justice’s challenge, especially since her case involved an alleged breach—not simply a violation—of the Constitution. According to Baidoo, it is crucial for the ECOWAS Court to defer to Ghana’s judicial institutions to avoid conflicting rulings. He questioned what would happen if the ECOWAS Court issued a decision that contradicts that of Ghana’s Supreme Court, asking, “Which ruling would the country follow?”
Bernard Badieko Baidoo concluded by urging respect for Ghana’s constitutional processes and underscoring the importance of keeping the country’s legal matters within its national courts, especially in cases with significant constitutional implications.
Story by: Mercy Addai Turkson #ahotoronline.com