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The ECOWAS Court of Justice has dismissed an application by former Chief Justice Gertrude Torkonoo seeking temporary orders to halt the work of the committee that investigated her removal from office.
The Court also rejected a preliminary objection filed by the Government of Ghana, which claimed the regional court lacked jurisdiction to hear the matter.
Justice Torkonoo filed the application after President Mahama established a committee chaired by Justice Gabriel Scott Pwamang to investigate issues that led to her suspension and eventual removal, followed by the swearing-in of Chief Justice Paul Baffoe-Bonnie.
In its ruling on Wednesday, November 19, 2025, the ECOWAS Court acknowledged that the former Chief Justice had raised a prima facie case involving alleged human rights violations. However, it ruled that she failed to prove the urgency required for an interim order.
The Court pointed out that although Justice Torkonoo was suspended on April 22, 2025, she waited three months before filing her application—an action that weakened her claims of imminent or irreparable harm. Consequently, her request to halt the committee’s work was dismissed.
The Court also addressed an objection by Ghana’s Attorney General, who argued that the issue was sub judice because related matters were pending before a Ghanaian court. The judges disagreed, stating that the objection was “misplaced.”
According to the ruling, the application before the ECOWAS Court concerns alleged violations of Justice Torkonoo’s human rights during the suspension and removal process, not an attempt to overturn or review any Ghanaian court decision. The judges further clarified that the sub judice rule applies only when a case is awaiting judgment, not simply because two matters share similar facts.
The Court concluded that it has jurisdiction to hear the substantive human rights claim. It therefore declared the main application admissible and directed the Attorney General to file a response.
