The ECOWAS Community Court of Justice has adjourned for ruling in a case filed by Ghana’s Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, challenging her removal from office.
At the hearing held on Monday, 14 July 2025, the Court considered an application for provisional measures brought by the Chief Justice, who is seeking an immediate suspension of the removal process and her reinstatement with full benefits, pending the outcome of the substantive suit.
The case, registered as ECW/CCJ/APP/32/25, also saw the Republic of Ghana raise preliminary objections, urging the Court to first determine its jurisdiction. Ghana argued that the matter was inadmissible, as it involves constitutional issues actively before the country’s domestic courts, including the Supreme Court.
According to the Ghanaian government, proceeding with the case at the ECOWAS Court could amount to forum shopping and risk conflicting judicial outcomes. It also emphasized that due process had been followed under the Ghanaian Constitution, and that the Chief Justice was duly informed and granted access to all relevant documentation.
In response, Justice Torkornoo contended that the case was centered on alleged violations of her human rights—not constitutional interpretation. She cited breaches of Articles 5, 7, and 15 of the African Charter on Human and Peoples’ Rights, alleging that the ongoing proceedings in Ghana had caused irreparable harm to her reputation and threatened judicial independence.
She further argued that domestic remedies were ineffective, and that the ECOWAS Court had jurisdiction to entertain human rights claims even when national proceedings are ongoing.
The Court will announce its ruling on the application and preliminary objections at a date to be communicated to both parties.
