ECOWAS Court Decision Has No Impact on Main Case – Lawyer for Former CJ Torkornoo

Counsel for former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, Nii Ayikoi Otoo, says the ECOWAS Court’s refusal to grant an interim injunction against the investigative committee does not affect the core case challenging her removal from office.

Speaking to JoyNews on Wednesday, November 19, Otoo clarified that the ruling dealt only with a preliminary application and does not alter the human rights case Justice Torkornoo has filed before the regional court.

Justice Torkornoo petitioned the ECOWAS Court, alleging violations of her right to a fair hearing under Ghana’s 1992 Constitution and the ECOWAS Court Protocol of 1991.

The Deputy Attorney General, Dr Justice Srem-Sai, who represented Ghana, argued that the ECOWAS Court lacked jurisdiction to hear the matter.

However, in a Zoom sitting on November 19, 2025, the court rejected Ghana’s objection, stating that Justice Torkornoo had made a prima facie case of human rights violations, giving the court authority to continue with the matter.

Otoo noted, “This ruling does not touch the substantive case. The ECOWAS Court functions independently of any ongoing proceedings in Ghana.”

He said the latest ruling effectively dismisses the state’s objection that a pending case in Ghana should prevent the ECOWAS Court from acting. This allows the regional court to move ahead with the main case.

The lawyer added that the interim application became irrelevant due to developments in Ghana, including the appointment and swearing-in of the new Chief Justice, Paul Baffoe-Bonnie.

He also confirmed that the ECOWAS Court has ordered Ghana to submit its defence within 30 days, paving the way for a full hearing on the human rights claims.

Justice Torkornoo, suspended on April 22, 2025, is facing an investigation by a committee headed by Justice Gabriel Scott Pwamang.

Otoo stressed that the substantive case remains active, explaining, “The preliminary objection has been dismissed, and they have 30 days to file their processes. The court will proceed with the main matter regardless.”