Accra: The ECOWAS Court has postponed its decision regarding former Chief Justice Gertrude Torkornoo's request to halt proceedings aimed at her removal from office. This decision comes as the court prepares to rule on preliminary objections raised by the Republic of Ghana in the case identified as suit ECW/CCJ/APP/32/25.
According to Ghana Web, the regional court is being petitioned by Torkornoo to suspend the domestic removal process and reinstate her with full entitlements while the substantive case is under consideration. The ECOWAS Court has stated that it will communicate the date for its ruling to the involved parties at a later time.
During the hearing on July 14, 2025, Ghana urged the court to first address its objection regarding jurisdiction. The state argued that the ECOWAS Court lacks authority over the matter, as it relates to constitutional processes before Ghana's domestic courts, including the Supreme Court. Ghana cautioned that proceeding would amount to forum shopping and could result in conflicting judgments.
Ghana further referenced previous ECOWAS Court rulings where jurisdiction was declined in cases pending in national courts, emphasizing the principle of non-interference in ongoing domestic proceedings. Ghana insisted that Torkornoo had been duly notified of the petition, had access to documents, and that the process adhered to constitutional procedures.
On the other hand, Torkornoo contended that the issue pertains to violations of fundamental human rights under regional instruments, rather than constitutional interpretation. She cited breaches of the African Charter on Human and Peoples' Rights, including Articles on dignity, fair hearing, and the right to work. She claimed that the ongoing proceedings have caused reputational harm and undermined judicial independence.
Her legal team warned that continuing the domestic process could render the substantive matter before the ECOWAS Court ineffective. Torkornoo's application for provisional measures aims to temporarily stop the removal process and restore her entitlements to prevent irreparable harm, including ongoing reputational damage and potential prejudice to her legal rights.
Torkornoo also relied on ECOWAS Court jurisprudence affirming its authority to hear human rights claims even when domestic cases are ongoing, particularly when domestic remedies are deemed ineffective.