The Supreme Court has in unanimous decision pronounced on 19th May 19 2022, by Chief Justice Anin-Yeboah disqualifying Justice Torkonoo from sitting on Daniel Ofori against Ecobank case.
Consequently, the apex court Wednesday sat with a reconstituted panel to hear a review application brought by Ecobank against the earlier refusal by the Court to allow it to reopen a decision in favour of Daniel Ofori in July 2018. The court adjourned to July 27.
This follows an application to the court by Tsatsu Tsikata based on Justice Torkonoo having, in 2014, as a High Court judge, adjudicated a case – Databank Brokerage Ltd v. Danotel and Daniel Ofori – in which the same facts in issue were before the Supreme Court.
Mr Tsikata had argued that having determined the case in the High Court, Justice Torkonoo could not now be sitting to determine the same matters as a Supreme Court judge.
The seven-member panel now hearing the case consists of Chief Justice Anin-Yeboah, Justices Dotse, Baffoe-Bonnie, Pwamang, Kotei, Owusunand Amadu JJSC.
The court decided that it would consolidate the review application with the hearing of an application filed on behalf of Mr Ofori to strike out the processes filed on behalf of Ecobank as not compliant with the Rules of Court and also not compliant with the order that the court made earlier to grant an application for leave to file the review out of time.
