The Community Court of Justice of the Economic Community of West African States (ECOWAS) has adjourned ruling on an application for provisional measures filed by former Ghanaian Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, seeking to halt ongoing proceedings for her removal from office.
According to a statement issued by ECOWAS Court of Justice, the matter, registered as suit number ECW/CCJ/APP/32/25, involves an urgent request by Justice Torkornoo for the suspension of domestic removal proceedings and her reinstatement with full entitlements pending the determination of the substantive case before the regional court.
The Court indicated that the date for its ruling will be communicated to the parties in due course.
At proceedings held on Monday, July 14, 2025, the Republic of Ghana urged the Court to first determine its preliminary objection challenging the jurisdiction of the ECOWAS Court to hear the matter.
The State argued that the case concerns constitutional processes already before competent courts in Ghana, including the Supreme Court of Ghana, and therefore falls outside the mandate of the regional court.
Ghana further maintained that allowing the ECOWAS Court to intervene would amount to forum shopping and could result in conflicting judgments between domestic and regional judicial bodies.
The Respondent also cited previous ECOWAS Court decisions in which the Court declined jurisdiction over matters simultaneously pending before national courts, stressing the principle of non-interference in ongoing domestic judicial proceedings.
According to the State, Justice Torkornoo was duly notified of the petition seeking her removal and granted access to all relevant documents, insisting that the process complies fully with Ghana’s constitutional requirements.
In response, Justice Torkornoo argued that her application does not seek interpretation of Ghana’s Constitution but rather addresses alleged violations of fundamental human rights protected under regional legal instruments.
She cited alleged breaches of the African Charter on Human and Peoples’ Rights, including Article 5 on the right to dignity, Article 7 on the right to fair hearing, and Article 15 on the right to work.
Her legal team argued that the ongoing proceedings have already caused reputational harm and undermined judicial independence.
They further warned that allowing the domestic process to continue could render the substantive case before the ECOWAS Court ineffective and defeat the purpose of the application.
Central to the application is a request for provisional measures to temporarily suspend the removal proceedings and restore her entitlements until the substantive issues are determined.
Justice Torkornoo argued that the interim relief is necessary to prevent irreparable harm, including continued reputational damage and possible prejudice to her legal rights.
The Applicant also relied on previous ECOWAS Court jurisprudence affirming the Court’s authority to hear human rights claims even where domestic proceedings are ongoing, particularly in cases where local remedies are alleged to be ineffective or where violations are continuing.
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