By Grace Zigah
The West African region is closely watching as Ghana’s embattled Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, takes her fight for reinstatement to the regional level.
In a case that pits constitutional sovereignty against international human rights obligations, the Economic Community of West African States (ECOWAS) Court of Justice is preparing to rule on a high-stakes application brought by the suspended Chief Justice.
The court, sitting on Monday, July 14, 2025, adjourned proceedings for a ruling on Justice Torkornoo’s request for provisional measures, which include halting her removal process in Ghana and reinstating her with full benefits until the main case is decided.
Background
Justice Torkornoo’s appearance before the ECOWAS Court follows a controversial move by the Government of Ghana to remove her from office—an action that has sparked both domestic and international debate over the independence of the judiciary and the rule of law.
The Chief Justice has insisted that the processes leading to her suspension and the ongoing steps to remove her contravene her rights under international legal frameworks.
Her legal team filed suit number ECW/CCJ/APP/32/25, arguing that the ongoing proceedings in Ghana have not only damaged her reputation but also pose a threat to the independence of the judiciary.
They are asking the ECOWAS Court to intervene to prevent further harm.
Ghana Pushes Back: Jurisdiction and Admissibility Challenged
The Government of Ghana, acting as the respondent, did not directly address the merits of the Chief Justice’s complaint.
Instead, it focused on challenging the jurisdiction of the ECOWAS Court to hear the matter at all.
According to state attorneys, the application touches on constitutional matters still before Ghana’s domestic courts, including the Supreme Court.
They argued that by entertaining the application, the ECOWAS Court would be overstepping its bounds and interfering in domestic legal processes—a violation of the court’s own principle of non-interference.
Government lawyers also warned that such interference could result in “forum shopping” and conflicting judgments, citing previous ECOWAS rulings where similar matters were dismissed on jurisdictional grounds.
Further, the Ghanaian side insisted that Justice Torkornoo was given fair notice of the petition against her, and that the process followed legal procedures outlined in the national constitution.
Human Rights at the Heart of the Case
But Justice Torkornoo’s legal team framed the dispute differently—arguing that the issue is not about constitutional law, but rather about human rights violations recognized under regional and international instruments.
She cited breaches of Articles 5, 7, and 15 of the African Charter on Human and Peoples’ Rights, which guarantee the right to dignity, fair hearing, and the right to work, respectively.
Her team maintained that domestic remedies in Ghana were either ineffective or compromised by political interference, and that the ECOWAS Court has, in previous judgments, retained jurisdiction over similar human rights claims—even when local proceedings were ongoing.
Justice Torkornoo’s lawyers warned that without urgent intervention by the ECOWAS Court, the harm done to her dignity and professional standing could become irreparable, thereby rendering any future ruling meaningless.
“This is not simply a legal procedural matter—it is a question of human dignity, professional integrity, and the very foundation of judicial independence,” a source close to the legal team told The Gazelle News.
Awaiting the Ruling
The ECOWAS Court has adjourned the matter and is expected to deliver a ruling on the provisional measures in the coming days.
A formal date for the decision is yet to be communicated to both parties.
If the court grants the application, it would effectively suspend Ghana’s removal proceedings against its Chief Justice, dealing a symbolic blow to the government and affirming the regional court’s authority on human rights oversight.
On the other hand, if the court sides with Ghana’s jurisdictional argument, the case could set a precedent on the limits of the ECOWAS Court’s powers in the face of domestic constitutional proceedings.
Regional Implications
The case is being closely monitored by legal experts, human rights organizations, and political actors across West Africa.
For Ghana, it’s a test of its democratic institutions and commitment to international human rights obligations.
For the ECOWAS Court, it’s a defining moment in asserting its relevance in protecting fundamental rights within member states.
