The embattled former Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, has suffered another legal setback after the ECOWAS Court of Justice dismissed her application for interim measures seeking to halt the work of the committee that investigated her removal from office.
The Court held that the application “did not satisfy the criteria for a grant of interim measures,” stressing that Justice Torkornoo’s own conduct undermined her claims of imminent and irreparable harm.
“The Applicant’s own conduct defeats her claim of imminent and irreparable harm. The Court is, therefore, satisfied that the Applicant has not demonstrated the existence of an imminent or exceptional circumstance that will justify the urgency of the application filed almost three months after the act complained of,” Deputy Attorney General Justice Srem Sai posted on Facebook, sharing excerpts of the ruling.
According to the Court, the Applicant’s failure to prove urgency made it unnecessary to assess the remaining criteria for provisional measures, which are cumulative. The request was therefore dismissed as unsubstantiated.
The ruling, delivered via Zoom on Wednesday, November 19, 2025, followed Justice Torkornoo’s application for temporary prohibition orders intended to stop the committee—chaired by Justice Gabriel Scott Pwamang—from continuing its inquiry into matters that culminated in her removal and the swearing-in of her successor, Chief Justice Paul Baffoe-Bonnie.
Although the Court acknowledged that the former Chief Justice had established a prima facie case alleging human rights violations, it found that she failed to demonstrate the urgency required for interim relief.
The judges pointed to her nearly three-month delay between her suspension on April 22, 2025, and the filing of the motion, arguing that the lapse weakened her claim of imminent harm.
The Court also rejected a preliminary objection filed by the Government of Ghana, which argued that the ECOWAS Court lacked jurisdiction because related matters were pending before Ghanaian courts.
The judges described the objection as “misplaced,” clarifying that the sub judice rule applies only where a judgment is pending elsewhere, not merely because cases share similar facts.
Following the dismissal, the ECOWAS Court ordered Ghana to file its response within 30 days, after the state previously declined to do so on grounds of its jurisdictional challenge.
During the hearing, the Deputy Attorney General also urged the Court to compel Justice Torkornoo’s lawyers to withdraw an application for a default judgment stemming from Ghana’s refusal to respond to the substantive action.
Her lawyers refused, insisting they had no confidence the state would respond if they withdrew the request.
The ruling has sparked speculation over whether the New Patriotic Party (NPP) minority in Parliament, led by Alexander Afenyo-Markin, will convene another press conference.
The caucus has openly defended Justice Torkornoo and recently boycotted the vetting of the new Chief Justice in protest.
Lawyer Reacts:
Justice Torkornoo’s lawyer, Nii Ayikoi Otoo, has clarified that the dismissal of the interim application has no bearing on the substantive case challenging her removal.
Speaking to JoyNews on November 19, he explained that the ruling dealt only with preliminary matters and did not affect the human rights claims before the regional court.
“Per our simple understanding, this does not affect the larger substantive matter at all. The ECOWAS Court operates whether or not a case is pending in your country,”
Mr. Otoo stated.
He further noted that the Court’s rejection of Ghana’s jurisdictional objection allows the substantive case to proceed.
Describing the interim ruling as “vain” with respect to halting ongoing developments—such as the appointment and swearing-in of Chief Justice Baffoe-Bonnie—Otoo argued that events had already overtaken the relief sought.
He emphasised that the ECOWAS Court maintains jurisdiction over human rights issues and that Ghana’s newly mandated 30-day window to respond sets the stage for a full hearing.
Justice Torkornoo, suspended on April 22, 2025, was the subject of an investigative committee chaired by Justice Pwamang, whose findings contributed to her removal.
“The preliminary objection has been dismissed, and they have been given 30 days to file their processes. So you’re just proceeding to the substantive matter—with or without them,” Otoo added.
