ECOWAS ruling doesn’t touch substantive case — Torkornoo’s Lawyer

Lawyer for former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, Nii Ayikoi Otoo, says the ECOWAS Court’s decision to dismiss her interim application to stop an investigative committee does not affect the main case challenging her removal from office.

Speaking on Wednesday, November 19, Mr. Otoo explained that the ruling deals only with preliminary issues and does not alter Justice Torkornoo’s substantive human rights claims.

Justice Torkornoo had petitioned the ECOWAS Court, alleging that her right to a fair hearing, protected under Ghana’s 1992 Constitution and the ECOWAS Court Protocol, had been violated.

Ghana, represented by Deputy Attorney General Dr. Justice Srem-Sai, argued that the ECOWAS Court had no jurisdiction.

However, during a Zoom sitting on Wednesday, November 19, 2025, the court rejected that objection, ruling that Justice Torkornoo had made a prima facie case of human rights violations and that it therefore had jurisdiction to continue.

According to Mr. Otoo, the dismissal of the interim application “does not affect the larger substantive matter at all,” adding that the ECOWAS Court can proceed regardless of any cases simultaneously ongoing in Ghana.

He noted that the ruling effectively overrules Ghana’s argument that the case should not continue because matters are pending before local courts.

He also described the attempt to stop processes in Ghana, such as the appointment and swearing-in of the new Chief Justice, Paul Baffoe-Bonnie, as now irrelevant because events have already moved on.

The court has ordered Ghana to file its response to Justice Torkornoo’s application within 30 days, paving the way for the main human rights issues to be heard.

Justice Torkornoo, who was suspended on April 22, 2025, had earlier appeared before a committee chaired by Justice Gabriel Scott Pwamang, which was set up to investigate the circumstances around her removal.

Mr. Otoo stressed that although proceedings continue in Ghana, the ECOWAS Court retains authority over human rights matters.

“The preliminary objection has been dismissed, and they now have 30 days to file their processes. The substantive case will go on with or without them.”