The Community Court of Justice of the Economic Community of West African States (ECOWAS) has adjourned for ruling on an application for provisional measures filed by the former Chief Justice of Ghana, Justice Gertrude Araba Esaaba Sackey Torkornoo, alongside preliminary objections raised by the Republic of Ghana.

According to a statement issued by ECOWAS, the proceedings, registered as suit number ECW/CCJ/APP/32/25, concern an urgent request by the Chief Justice for the suspension of ongoing domestic proceedings seeking her removal from office, as well as her reinstatement with full entitlements pending determination of the substantive case before the regional court.

The ECOWAS Court stated that the date for its ruling will be communicated to the parties in due course.

During the hearing on Monday, July 14, 2025, the Republic of Ghana asked the Court to first determine its jurisdictional objection, arguing that the ECOWAS Court lacks authority to entertain the application.

The State maintained that the matter relates to constitutional processes currently before competent domestic courts in Ghana, including the Supreme Court, and therefore falls outside the remit of the regional judicial body.

According to Ghana, permitting the ECOWAS Court to proceed would amount to forum shopping and risk conflicting judgments between domestic and regional courts.

READ ALSO: Suspended CJ sues Ghana at ECOWAS Court over alleged Human Rights abuse

The Respondent further cited established ECOWAS Court jurisprudence in which the Court declined jurisdiction over cases simultaneously pending before national courts, reaffirming the principle of non-interference in ongoing domestic judicial proceedings.

Ghana also argued that the Chief Justice had been duly notified of the petition for her removal and granted access to all relevant documents, insisting that the process underway fully complies with constitutional procedures.

In response, the Chief Justice argued that the case does not require interpretation of Ghana’s Constitution, but rather concerns alleged violations of fundamental human rights protected under regional legal instruments.

She cited alleged breaches of the African Charter on Human and Peoples’ Rights, including Article 5 on the right to dignity, Article 7 on the right to fair hearing, and Article 15 on the right to work.

The Applicant further contended that the ongoing proceedings in Ghana have already caused reputational harm and undermined judicial independence.

Her legal team warned that allowing the domestic process to continue could render the substantive matter before the ECOWAS Court ineffective, thereby defeating the purpose of the application.

Central to the Chief Justice’s request is the application for provisional measures, intended to temporarily halt the removal proceedings and restore her entitlements until the Court determines the substantive issues.

She argued that such measures are necessary to prevent irreparable harm, including continued reputational damage and potential prejudice to her legal rights.

The Applicant further relied on ECOWAS Court jurisprudence affirming its authority to hear human rights claims even where domestic proceedings are ongoing, particularly in situations where domestic remedies are alleged to be ineffective or where violations are continuing.

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ECOWAS Court sets date for judgment in Torkornoo case to halt removal

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