The Supreme Court has in a unanimous decision barred Justice Mrs. Gertrude Torkonoo from sitting as a member of the panel hearing the case involving businessman, Daniel Ofori, and Ecobank Ghana.
The Court presided over by the Chief Justice Anin-Yeboah granted an application to the court by Mr. Tsatsu Tsikata based on the fact that Justice Torkonoo, in 2014, as a High Court judge, decided a case Databank Brokerage Ltd v. Danotel and Daniel Ofori – which involved the same facts as what the Supreme Court now has before it.
According to Mr. Tsikata, having determined the case in the High Court, Justice Torkonoo could not now, as a Supreme Court judge, be sitting to adjudicate the same matters.
Following the disqualification of Justice Torkonoo by the ruling delivered on 19th May 2022, a reconstituted panel of the Supreme Court sat on Wednesday, 6th July 2022, to hear an application brought by Ecobank to review a decision of the Court not to allow Ecobank to reopen a decision in favour of Daniel Ofori in July 2018.
The panel now comprises Chief Justice Anin-Yeboah, Justices Dotse, Baffoe-Bonnie, Pwamang, Kotey, Mariama Owusu and Amadu Tanko.
The court adjourned the case to 27th July 2022 for hearing.
The court on Wednesday, 6th July 2022, also made an order consolidating the hearing of the review application with an application filed on behalf of Mr. Ofori to strike out the review application on behalf of Ecobank as not being in compliance with the Supreme Court Rules and also being in breach of an earlier order of the court.
Mr. Ofori was represented by Mr. Tsikata and Mr. Thaddeus Sory while Ecobank was represented by Mr. Kizito Beyuo and Wilhemina Osei Wusu.