ECOWAS Court adjourns Ghana’s Chief Justice’s case for ruling 

The ECOWAS Community Court of Justice has adjourned for a ruling on an application for provisional measures filed by Ghana’s Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo. 

The application, suit No. ECW/CCJ/APP/32/25, seeks suspension of ongoing removal proceedings and her reinstatement with full entitlements, pending determination of the substantive case. 

During Monday’s hearing, the Respondent (Republic of Ghana) requested that its jurisdictional objection be addressed first, arguing the matter involved constitutional issues already before Ghana’s domestic courts, including the Supreme Court.  

It warned that proceeding could amount to forum shopping and risk conflicting decisions. 

The Respondent cited precedent affirming the ECOWAS Court’s non-interference in active domestic judicial processes and maintained that the Chief Justice had been duly informed of the petition and granted access to relevant documents.  

It said the process followed Ghana’s constitutional procedures. 

In response, the Applicant argued that the case centered on violations of human rights under regional instruments, not constitutional interpretation.  

She cited breaches of Article 5 (dignity), Article 7 (fair hearing), and Article 15 (right to work) of the African Charter on Human and Peoples’ Rights. 

Justice Torkornoo said the proceedings had caused reputational harm and undermined judicial independence, adding that continuation could render the ECOWAS case moot.  

She referenced the Court’s jurisprudence affirming its authority to hear human rights claims despite ongoing domestic proceedings, especially where remedies are ineffective. 

Justice Torkornoo said the application for provisional measures aimed to protect her rights and prevent irreparable harm pending final judgment. 

The Court has adjourned for a ruling, with the date to be communicated to the parties. 

Source: GNA 

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