The ECOWAS Court of Justice has thrown out the former Chief Justice Gertrude Torkonoo’s application requesting to stop the probe committee, which investigated her removal from office.
It will be recalled, Justice Torkonoo applied to the ECOWAS court for the work of the committee chaired by Justice Gabriel Scott Pwamang that investigated her removal from office.
On November 19, 2025, the ECOWAS court delivered its ruling. They noted that the former Chief Justice had established a prima facie case alleging human rights violations.
However, argued that the former Chief Justice failed to demonstrate the urgency required for the Court to issue temporary orders stopping the committee’s proceedings.
The ECOWAS court Judges added that Justice Torkornoo was suspended on April 22, 2025 and was fully aware of the ongoing processes, but waited three months before filing her motion, which undermined her own claims of irreparable harm.
The Court then dismissed her request for a prohibition order.
Also, the ECOWAS court rejected a preliminary objection from the Government of Ghana, which argued that the regional court lacked jurisdiction to hear the case.
Ghana’s Attorney General had argued that the matter was sub judice because related issues were before a Ghanaian court.
The ECOWAS court, however, disagreed, describing the objection as misplaced.
They argued that the application before the regional court concerns alleged violations of Justice Torkonoo’s human rights during the suspension and removal process, which does not seek to review or overturn any decision of a Ghanaian court.
The regional court resolved that it has jurisdiction to determine the substantive matter, having established the existence of a prima facie human rights claim.
The ECOWAS court, therefore, declared the main application admissible and directed Ghana’s Attorney General to file a response.
Meanwhile, President John Mahama sacked the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect after he received a first report from the five-member committee he constituted to investigate three petitions brought against the Chief Justice.
Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.
A statement from the presidency stated, “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 Torkornoo, 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 statement concluded.
Meanwhile, Gertrude Araba Esaaba Torkornoo, in her suit, accused President John Dramani Mahama of failing to specify the claims in the petitions for her removal.
According to the details of the lawsuit, she is seeking ten reliefs from the ECOWAS Court, including $10 million in compensation for moral and reputational damages suffered by the Applicant as a result of her illegal suspension and unfair investigation.