ECOWAS Court: Chief Justice Torkornoo’s Last Legal Hope to Reverse Suspension?

Suspended Chief Justice of Ghana, Gertrude Torkornoo, has taken her fight to the Community Court of Justice of the Economic Community of West African States (ECOWAS), challenging her suspension and the ongoing proceedings against her removal.

Justice Torkornoo filed her case on July 4, 2025, after the Supreme Court of Ghana unanimously dismissed a similar suit she brought before it. At the ECOWAS Court, she is seeking to overturn her suspension, halt the hearings on the three petitions filed for her removal, and obtain additional reliefs for alleged human rights violations.

With Ghana’s apex court rejecting her earlier plea, the big question now is: Can the ECOWAS Court succeed where Ghana’s judiciary did not? And more importantly, does it even have the authority to overturn decisions made by the Supreme Court of a member state?

Understanding the ECOWAS Court’s Role

The ECOWAS Court is the judicial arm of the 15-member West African bloc, including Ghana. It handles various legal matters, particularly those concerning:

• Violations of human rights by member states;
• Interpretation and application of ECOWAS legal instruments;
• Disputes between ECOWAS and its staff or institutions; and
• Responsibility or liability arising within the community.

In essence, the Court’s role is to enforce legal norms and uphold justice and equity across the ECOWAS region, particularly when national systems may fall short in protecting citizens’ rights.

What Justice Torkornoo Is Demanding

From her filings, Justice Torkornoo is relying on the ECOWAS Court’s jurisdiction over human rights violations. She argues that the process of determining a prima facie case against her, her subsequent suspension by President John Dramani Mahama, and the activities of the 5-member investigative committee—led by Supreme Court Justice Gabriel Scott Pwamang—constitute violations of her rights.

Accordingly, she is asking the ECOWAS Court to declare her suspension, the formation of the committee, and its ongoing work as breaches of her human rights.

A Court with a Record of Mixed Rulings Against Ghana

The ECOWAS Court has, in the past, ruled both in favor of and against the government of Ghana. Most recently, in May 2025, it delivered a landmark judgment against the state in a case involving the prolonged detention of 30 members of the Homeland Study Group Foundation (HSGF). The Court ruled that the state violated their human rights by detaining them for over a year without trial. Ghana was ordered to pay $75,000 in compensation—$2,500 to each affected person.

However, the ECOWAS Court does not always side with applicants. In July 2023, it dismissed a high-profile case filed by the Ghana Integrity Initiative and Transparency International, which sought to halt the controversial Agyapa Royalties deal. The Court rejected all claims that the deal violated the rights of Ghanaians.

Could the Court Rule in Torkornoo’s Favor?

Given the Court’s willingness to hold member states accountable for human rights breaches—as seen in the HSGF ruling—there is a precedent that Justice Torkornoo could potentially benefit from. But considering its dismissal of politically charged cases like Agyapa, success is far from guaranteed.

Whether the ECOWAS Court can or will rule in her favor remains uncertain. But for now, it appears to be the suspended Chief Justice’s last remaining legal lifeline.

CREDIT: GHANAWEB.COM