The lawyer for former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, Nii Ayikoi Otoo, has clarified that the ECOWAS Court of Justice’s dismissal of her request to temporarily stop the investigative committee in Ghana does not affect her broader human rights case.
Speaking on Wednesday, November 19, 2025, Otoo told JoyNews that the ruling only addressed preliminary matters, leaving the substantive application concerning alleged violations of Justice Torkornoo’s rights fully intact.
Justice Torkornoo’s complaint centers on the claim that her suspension and removal violated her constitutional right to a fair hearing, as guaranteed under Ghana’s 1992 Constitution and the 1991 ECOWAS Community Court Protocol. She approached the regional court after President John Dramani Mahama’s administration constituted a committee, chaired by Justice Gabriel Scott Pwamang, to investigate matters leading to her removal and the subsequent appointment of Chief Justice Paul Baffoe-Bonnie.
During the hearing, Ghana’s Deputy Attorney General, Dr. Justice Srem-Sai, argued that the ECOWAS Court lacked jurisdiction, citing parallel proceedings in local courts. The court rejected this argument, affirming that Justice Torkornoo had established a prima facie case of fundamental rights violations.
Otoo explained that the ruling allows the ECOWAS Court to proceed with the main human rights case regardless of ongoing processes in Ghana. The court has directed the Ghanaian government to file its response within 30 days, paving the way for a substantive examination of the allegations.
“The dismissal of the interim application does not impede the main case. Whether local proceedings continue or not, the ECOWAS Court retains jurisdiction to consider the human rights issues raised,” Otoo said.
He described the decision as a clear affirmation of the regional court’s authority to adjudicate human rights matters and underscored that the dismissal of the temporary injunction should not be misconstrued as a judgment on the merits of the substantive case.
