ECOWAS court blows hot and cold about Torkornoo’s suit against Ghana

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has delivered a split ruling in the human rights case filed by the former Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, dismissing both her application for provisional measures and the Government of Ghana’s challenge to the court’s jurisdiction.

In a decision delivered during a virtual sitting on Wednesday, the court held that while Justice Torkornoo has established a prima facie claim of human rights violations worthy of adjudication, she failed to demonstrate the urgency required for the court to suspend her ongoing removal proceedings.

Represented by Deputy Attorney-General Dr. Justice Srem-Sai, Ghana argued that the ECOWAS Court lacked jurisdiction because the issues raised concerns the interpretation of Ghana’s 1992 Constitution, a role reserved exclusively for the Supreme Court of Ghana.

The state further invoked the sub judice rule, arguing that similar matters were already before Ghanaian courts.

However, the ECOWAS Court dismissed all preliminary objections as “misplaced”, holding that the application before it is not a constitutional interpretation request, but an allegation of human rights violations, over which the court has clear jurisdiction.

“The petition alleges violations of fundamental human rights. As such, the court is competent to hear the matter,” the panel ruled, adding that Ghana’s reliance on sub judice was “wrongly invoked.”

Justice Torkornoo had filed an application seeking provisional measures to suspend the ongoing impeachment inquiry against her, arguing that continuing the process would irreparably harm her career and human rights.

She also asked the court to restrain Ghana from taking any further steps that could compromise the dispute before the ECOWAS Court.

But the judges declined her request, ruling that she failed to treat the matter with urgency.

The court noted that the Chief Justice was suspended on 22 April 2025, and the investigative committee commenced its work in May, yet she filed her application for provisional measures on 4 July, 2025 nearly three months later.

“A judicial officer recognising that time was not on her side ought to have generated a state of emergency,” the court said, adding that the delay undermined her insistence on urgency.

Instead, the court ordered Ghana to file its response to the substantive human rights application within 30 days, noting that the state had declined to do so because of its objection to jurisdiction.

Application for Default Judgment Stands

During proceedings, the Deputy Attorney-General urged the court to compel Justice Torkornoo’s legal team, led by Nigerian human rights lawyer, Femi Falana, to withdraw an application seeking a default judgment against Ghana for failing to respond to the main suit.

Falana’s team refused, arguing that Ghana had shown no commitment to engaging with the substantive issues unless compelled.

The court did not order the withdrawal, leaving the default application pending.

Background to the Case

Justice Torkornoo was suspended by President John Dramani Mahama, following a petition alleging misconduct.

The President’s referral to the Council of State and the subsequent formation of a committee to investigate her were based on a “prima facie” determination she argues was arbitrary and unsupported.

“The President’s letter simply stated that a prima facie case had been established without specifying the charges or reasons,” her application stated, adding that she has been subjected to “an illegal and unfair investigation.”

She contends that the process violates her rights to Fair hearing (Article 7, African Charter on Human and Peoples’ Rights), dignity, equitable working conditions and protection from unfair and arbitrary treatment.

Reliefs Sought

Justice Torkornoo is seeking ten major remedies, including:

1. Declaration that her suspension violates her right to a fair hearing.
2. Declaration that the investigative panel lacked independence and impartiality.
3. Orders to lift her suspension and restore her to office.
4. Orders restraining Ghana from continuing the inquiry until it meets fair-hearing standards.
5. An order compelling Ghana to adopt proper procedures for investigating a Chief Justice.
6. US$10 million in compensation for reputational and moral damages.
7. Any further reliefs the court deems appropriate.

The post ECOWAS court blows hot and cold about Torkornoo’s suit against Ghana appeared first on The Ghanaian Chronicle.

Read Full Story