The ECOWAS Court of Justice has dismissed a key objection filed by the Government of Ghana in the ongoing legal battle involving former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
This ruling clears the way for her substantive human rights case to be heard.
Justice Torkornoo, who was suspended on April 22, 2025, applied to a committee chaired by Justice Gabriel Scott Pwamang was constituted to investigate matters leading to her removal.
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Justice Torkornoo filed a lawsuit against the Ghana government on July 4th at the ECOWAS Court, alleging violation of her human rights related to a fair hearing under Ghana’s Constitution after she was suspended and dismissed by the President.
A statement by the presidency read: President John Dramani Mahama, 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
The government had argued that the ECOWAS Court lacked jurisdiction because elements of the case were still being considered in Ghanaian courts. But in a decisive ruling on Wednesday, November 19, 2025, the Court held that the objection was misplaced and did not meet the threshold required to halt the proceedings.
According to the Court, the existence of related matters in domestic courts does not automatically bar a case from being heard at the regional tribunal unless a final judgment is pending.
“The sub judice rule applies only when a matter is awaiting judgment elsewhere, not simply because the facts may be similar,” the panel stated.
Torkornoo’s interim application
Although the Court cleared the main application to move forward, it dismissed Justice Torkornoo’s request for interim measures intended to temporarily stop the committee that investigated her removal from office.
Despite dismissing the interim request, the ECOWAS Court acknowledged that Justice Torkornoo had established a prima facie case alleging human rights breaches in the process leading to her removal and the subsequent swearing-in of Chief Justice Paul Baffoe-Bonnie. Because of this, the judges ruled that the substantive application deserved a full hearing.
With the government’s objection struck out and the main case accepted, the ECOWAS Court will now proceed to hear Justice Torkornoo’s substantive complaints, which include claims of procedural irregularities and violations of her rights during the inquiry and removal process.