The ECOWAS Court of Justice has dismissed former Chief Justice Gertrude Torkonoo’s request for interim orders to halt the committee investigating the processes that led to her removal from office.
The Court also rejected a preliminary objection from the Government of Ghana, which had argued that the regional court lacked jurisdiction to hear the matter.
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. Subsequently, Torkonoo filed an application at the ECOWAS Court, claiming that her suspension effectively amounted to a de facto removal without a final determination of the petitions against her.
In its ruling on Wednesday, November 19, 2025, the Court acknowledged that Torkonoo had presented a prima facie case alleging violations of her rights. However, it found that she had not demonstrated the urgency required for temporary relief to halt the committee’s proceedings.
The Court noted that Torkonoo was suspended on April 22, 2025, yet waited nearly three months before seeking urgent intervention, undermining her claim of imminent or irreparable harm. Consequently, the Court refused her request for a prohibition order.
Addressing the Government’s objection, the Court clarified that the matter concerns alleged human rights violations in the suspension and removal process, not a challenge to any judgment by a Ghanaian court. It further explained that the sub judice rule applies only to cases awaiting judgment, and does not automatically bar proceedings simply because two matters involve similar facts.
The ECOWAS Court confirmed its jurisdiction to hear the substantive case, declared Torkonoo’s application admissible, and directed the Attorney General to file a formal response.
This ruling paves the way for the regional court to consider the substantive merits of Torkonoo’s claims while allowing the committee investigating her removal to continue its work.
