The Community Court of Justice of the Economic Community of West African States (ECOWAS) has adjourned to rule on an application for provisional measures filed by the former Chief Justice of Ghana, Justice Gertrude Araba Esaaba Sackey Torkornoo, alongside preliminary objections raised by the Republic of Ghana.

According to a statement issued by ECOWAS, the proceedings (suit number ECW/CCJ/APP/32/25) concern an urgent request by the former Chief Justice to suspend ongoing domestic proceedings seeking her removal from office.

She is also seeking reinstatement with full entitlements pending the determination of the substantive case before the regional court. The ECOWAS Court stated that the date for its ruling will be communicated to both parties in due course.

Ghana Raises Jurisdictional Objections

During the hearing on Monday, July 14, 2025, the Republic of Ghana asked the Court to first determine its jurisdictional objection, arguing that the ECOWAS Court lacks authority to entertain the application.

The State maintained that the matter relates to constitutional processes currently before competent domestic courts in Ghana, including the Supreme Court, and therefore falls outside the remit of the regional judicial body.

Ghana argued that permitting the ECOWAS Court to proceed would amount to forum shopping and risk conflicting judgments between domestic and regional courts.

The Respondent further cited established ECOWAS Court jurisprudence in which the Court declined jurisdiction over cases simultaneously pending before national courts, reaffirming the principle of non-interference in ongoing domestic judicial proceedings.

Ghana also insisted that the process underway fully complies with constitutional procedures, noting that the Chief Justice had been duly notified of the petition for her removal and granted access to all relevant documents.

Former Chief Justice Alleges Human Rights Violations

In response, the former Chief Justice argued that the case does not require an interpretation of Ghana’s Constitution, but rather concerns alleged violations of fundamental human rights protected under regional legal instruments.

She cited alleged breaches of the African Charter on Human and Peoples’ Rights, including:

- Article 5: The right to dignity

- Article 7: The right to a fair hearing

- Article 15: The right to work

The Applicant contended that the ongoing proceedings in Ghana have already caused reputational harm and undermined judicial independence. Her legal team warned that allowing the domestic process to continue could render the substantive matter before the ECOWAS Court ineffective.

Central to her request is the application for provisional measures, which are intended to temporarily halt the removal proceedings and restore her entitlements until the Court determines the substantive issues.

She argued these measures are necessary to prevent irreparable harm, including continued reputational damage and potential prejudice to her legal rights.

The Applicant relied on ECOWAS Court jurisprudence affirming its authority to hear human rights claims even while domestic proceedings are ongoing, particularly where domestic remedies are alleged to be ineffective or where violations are continuing.