The ECOWAS Court of Justice has dismissed an application filed by former Chief Justice Gertrude Torkornoo seeking interim measures to stop the work of the committee that investigated her removal from office.
The ruling, delivered on Wednesday, November 19, 2025, held that Justice Torkornoo failed to demonstrate sufficient urgency or imminent harm to justify halting the committee chaired by Justice Gabriel Scott Pwamang.
Deputy Attorney General Justice Srem Sai, who announced the ruling on Facebook, said the former Chief Justice’s application did not satisfy the criteria required for extraordinary interim relief.
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“The Applicant’s own conduct defeats her claim of imminent and irreparable harm. The Court is, therefore, satisfied that the Applicant has not demonstrated the existence of an imminent or exceptional circumstance that will justify the urgency of the application filed almost three months after the act complained of,” he wrote.
Claim of urgency
Justice Torkornoo had sought temporary prohibition orders to stop the committee’s proceedings, arguing that continuing the inquiry would violate her rights.
However, the ECOWAS Court found that her nearly three-month delay in filing the application—after her suspension on April 22, 2025—was inconsistent with a claim of urgent or irreparable harm.
The Court noted that while she had established a prima facie case of alleged human rights violations, this did not automatically justify interim orders without proof of immediate risk.
Objection on jurisdiction
The Government of Ghana had raised a preliminary objection, arguing that the ECOWAS Court lacked jurisdiction because matters relating to the former Chief Justice were also before Ghanaian courts.
But the regional court dismissed the argument as misplaced. The judges clarified that the sub judice rule applies only when a case is awaiting judgment in another court, not simply because two cases share similar facts.
With the preliminary objection dismissed, the ECOWAS Court ruled that Justice Torkornoo’s main application is admissible and directed the Attorney General to file a substantive response.
The ruling clears the path for the full hearing of the former Chief Justice’s claims, even as her successor, Chief Justice Paul Baffoe-Bonnie, continues to preside over the judiciary following his swearing-in.
Background
Gertrude Torkornoo was dismissed as Chief Justice following a petition by a Ghanaian citizen and an ensuing investigation. The investigation found grounds for stated misbehavior, including allegations of misusing public funds for personal travel and potential interference in judicial appointments.
The President established a five-member committee to investigate the petition and related claims after which Chief Justice Torkornoo was suspended in April 2025, pending the outcome of the investigation.
The committee found established grounds for misbehavior under the constitution and recommended her removal from office.
Allegations included using public funds for personal foreign travel for herself, her husband, and daughter, as well as misuse of travel allowances. There were also claims of interference in judicial appointments and allegations of abusing power in the transfer of a judiciary employee were also made.
Following the committee’s recommendation, President John Dramani Mahama removed her from office with immediate effect on September 1, 2025.
A statement issued by the government read: President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect.
This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.
Under Article 146(9), the President is required to act in accordance with the committee’s recommendation.
Justice Torkornoo then filed a case challenging her suspension and dismissal. She claimed her rights were violated.