The ECOWAS Court of Justice has dismissed former Ghanaian Chief Justice Gertrude Torkonoo’s bid for temporary orders to stop a government committee investigating her removal from office.
The court also rejected a preliminary objection from the Ghanaian government, which had argued that the regional court lacked jurisdiction over the case.
Torkonoo filed the application after President of Ghana constituted a committee, chaired by Justice Gabriel Scott Pwamang, to examine circumstances surrounding her suspension on April 22, 2025, and the subsequent appointment of her successor, Chief Justice Paul Baffoe-Bonnie.
In its ruling on Wednesday, the ECOWAS Court acknowledged that Torkonoo had presented a prima facie case alleging human rights violations. However, judges found she had failed to show the urgency necessary to justify temporary orders halting the committee’s proceedings.
The court noted that she waited three months after her suspension to file the motion, undermining claims of imminent or irreparable harm.
The court also addressed Ghana’s argument that the matter was sub judice, since related issues were before a domestic court. The judges dismissed this objection, ruling that the ECOWAS case concerns alleged human rights violations and does not seek to overturn any decisions of Ghanaian courts.
They clarified that the sub judice principle applies only when a matter is awaiting judgment, not simply because two cases share similar facts.
While the request for an immediate prohibition order was denied, the court declared Torkonoo’s main application admissible, directing Ghana’s Attorney General to file a formal response, paving the way for the substantive human rights claims to be considered.
