The ECOWAS Court of Justice has rejected an application by former Chief Justice Gertrude Torkonoo, who sought interim injunctions to stop the activities of the committee that investigated her removal from office.
The Court equally dismissed a preliminary challenge raised by the Government of Ghana, which contended that the regional tribunal lacked the authority to entertain the matter.
Justice Torkonoo filed the application after the President set up a panel, chaired by Justice Gabriel Scott Pwamang, to probe issues that culminated in her dismissal and the subsequent swearing-in of her successor, Chief Justice Paul Baffoe-Bonnie.
Delivering its decision on Wednesday, November 19, 2025, the ECOWAS Court acknowledged that the former Chief Justice had presented a prima facie case alleging violations of her human rights. However, the judges ruled that she had not demonstrated the urgency necessary for the Court to grant temporary measures halting the committee’s work.
The panel observed that although Justice Torkonoo was suspended on April 22, 2025, and was aware of the ongoing proceedings, she delayed for three months before submitting her motion—weakening her own argument of imminent or irreparable harm. Consequently, the plea for prohibition orders was dismissed.
The Court also considered a separate objection from Ghana’s Attorney General, who argued that the matter was sub judice since related issues were already before a domestic court. The ECOWAS judges disagreed, describing the objection as “misplaced.”
According to the ruling, the case before the regional court pertains to alleged breaches of Justice Torkonoo’s human rights during her suspension and removal, and does not attempt to review or overturn any ruling of a Ghanaian court. The judges clarified that the sub judice principle applies only when a matter is awaiting judgment elsewhere, not simply because two proceedings share similar facts.
The Court concluded that it indeed has jurisdiction to hear the substantive case, having established a prima facie human rights claim. It therefore declared the main application admissible and instructed the Attorney General to submit a formal response.
Leave a Reply