ECOWAS Court ruling does not affect substantive case-Justice Torkornoo’s Lawyer clarifies
Lawyer for former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, Nii Ayikoi Otoo, has stated that the ECOWAS Court’s dismissal of her interim application to halt the investigative committee does not affect the substantive case concerning her removal from office.
Speaking to JoyNews on Wednesday, November 19, Mr Otoo explained that the ruling only addresses preliminary matters and does not change the ongoing human rights claims filed by Justice Torkornoo.
Justice Torkornoo had approached the ECOWAS court seeking enforcement of her human rights, alleging a violation of her right to a fair hearing as guaranteed under Ghana’s 1992 Constitution and the 1991 Protocol of the ECOWAS Community Court of Justice.
former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo
Deputy Attorney General Dr Justice Srem-Sai, who represented Ghana, argued that the court lacked jurisdiction to hear the matter.
However, during a Zoom hearing on Wednesday, 19 November 2025, the court rejected the objection, ruling that Justice Torkornoo had established a prima facie case of fundamental human rights violations, and therefore, the court has jurisdiction to proceed with the case.
“So, per our simple understanding, this does not affect the larger substantive matter at all. The ECOWAS Court operates whether or not a case is pending in your country,” Otoo said.
He added that the court’s decision rejects Ghana’s objection based on pending cases in local courts, allowing the regional court to proceed with the substantive hearing.
The lawyer described the ruling as vain in terms of halting ongoing actions in Ghana, such as the appointment and swearing-in of a new Chief Justice, Chief Justice Paul Baffoe-Bonnie.
“Why are they disputing that an interim application has been dismissed? Because that interim had overtaken my event,” he said.
Otoo noted that the ECOWAS Court has now ordered Ghana to file its response to Justice Torkornoo’s application within 30 days, which sets the stage for the regional court to examine the main human rights issues she has raised.
Justice Torkornoo, who was suspended on April 22, 2025, applied to a committee chaired by Justice Gabriel Scott Pwamang was constituted to investigate matters leading to her removal.
Otoo emphasised that while proceedings continue in Ghana, the ECOWAS Court maintains jurisdiction over human rights matters and the substantive case will move forward.
“The preliminary objection has been dismissed, and they have been given 30 days to file their processes. So you’re just proceeding to the substantive matter, with or without them,” he said.Source: Caleb Ahinakwah
