KEY POINTS
- ECOWAS Court dismissed Torkornoo’s interim application.
- Substantive human rights case will proceed as planned.
- Ghana ordered to file response within 30 days.
The ECOWAS Court has dismissed former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo’s interim application to halt an investigative committee, her lawyer said Wednesday, November 19.
Nii Ayikoi Otoo said that the ruling does not impact the ongoing Torkornoo human rights case, which concerns her removal from office. The dismissal addresses only preliminary matters and leaves the substantive proceedings unaffected.
Ecowas court dismisses interim application
Justice Torkornoo had petitioned the regional court for enforcement of her fundamental rights, alleging violations of her right to a fair hearing under Ghana’s 1992 Constitution and the 1991 ECOWAS Protocol.
During a Zoom hearing, Deputy Attorney General Dr. Justice Srem-Sai argued Ghana’s courts already had pending cases, claiming the ECOWAS Court lacked jurisdiction. The court rejected this objection, noting that Torkornoo had established a prima facie case of rights violations.
Otoo said the ruling ensures the ECOWAS Court can continue examining the substantive claims, regardless of parallel local proceedings, including the appointment of Chief Justice Paul Baffoe-Bonnie.
Substantive torkornoo human rights case will continue
The court ordered Ghana to file its response to Torkornoo’s application within 30 days. Otoo described the decision as crucial for maintaining regional oversight on human rights matters, saying proceedings in Ghana will not limit the court’s authority.
Justice Torkornoo was suspended on April 22, 2025, after an investigative committee chaired by Justice Gabriel Scott Pwamang was further set up to review circumstances leading to her removal.
Otoo also that the dismissal of the interim motion does not halt the larger case. “The preliminary objection has been dismissed, and they have been given 30 days to file their processes. So you’re just proceeding to the substantive matter, with or without them,” he said.
Finally, the ruling highlights the ECOWAS Court’s role in protecting human rights and ensures the former Chief Justice can present his claims fully at the regional level.
