The ECOWAS Court of Justice has dismissed former Chief Justice Gertrude Torkonoo’s request for interim orders to halt the committee probing the processes that led to her removal from office.
The Court also rejected a preliminary objection filed by the Government of Ghana, which had argued that the regional court lacked the authority to hear the case.
In April 2025, President John Mahama, in consultation with the Council of State, suspended Justice Torkonoo following a prima facie case established from three separate petitions seeking her removal.
She subsequently filed an application at the ECOWAS Court, arguing that her suspension amounted to a de facto removal from office without a final determination of the petitions against her.
In its ruling on Wednesday, November 19, 2025, the Court acknowledged that the former Chief Justice had presented a prima facie case alleging violations of her rights. However, it held that she had not demonstrated the urgency required for temporary orders to halt the committee’s work.
The panel noted that she was suspended on April 22, 2025, and, knowing the processes were ongoing, waited nearly three months before seeking urgent relief, undermining her claims of imminent or irreparable harm. The Court therefore refused the request for a prohibition order.
The judges also addressed a separate objection raised by the Attorney General, who argued that the matter could not proceed because similar issues were before a Ghanaian court. The ECOWAS Court disagreed, describing the objection as wrongly placed.
According to the ruling, the application before the regional court concerns alleged human rights violations in the suspension and removal process, not a challenge to any Ghanaian court ruling.
The panel further noted that the sub judice rule applies only when a case is awaiting judgment, not simply because two matters involve similar facts.
The Court concluded that it has jurisdiction to hear the substantive case, declared the application admissible, and directed the Attorney General to submit a response.