In a major blow to former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, the ECOWAS Community Court of Justice has thrown out her urgent application for provisional measures that would have:
Suspended the ongoing parliamentary probe into her conduct
Ordered her immediate reinstatement with full salary and benefits
Frozen all domestic proceedings against her
Delivering the ruling on Wednesday, the three-judge panel was blunt:
“The Applicant waited almost three months after her suspension on 22 April 2025 before approaching this Court. Her own delay defeats any claim of imminent and irreparable harm.”
The court noted that Justice Torkornoo continued to receive her full salary and benefits even after suspension — further weakening her argument of urgency.
Key Points of the Ruling
No provisional measures granted → the Justice Yonlonfoun Committee can continue its work without interruption
Ghana’s jurisdiction objection overruled → ECOWAS Court asserts it has competence because the suit alleges violations of regional human rights instruments, not just domestic law
Ghana given 30 days to file full defence on the substantive suit
Torkornoo’s main case (claiming violations of fair hearing, judicial independence, and due process) remains alive and will be heard on the merits
Represented by renowned Nigerian human rights lawyer Femi Falana SAN, the former CJ had argued that her suspension by President Mahama and subsequent removal breached both the 1992 Constitution and the African Charter on Human and Peoples’ Rights.
Deputy Attorney-General Justice Srem Sai hailed the decision:
“This confirms that the threshold for provisional measures in ECOWAS Court is extremely high. The domestic process will continue unimpeded.”
Legal analysts say the ruling effectively clears the path for Parliament to conclude its investigation and, if warranted, recommend formal impeachment proceedings — a process that culminated in Justice Paul Baffoe-Bonnie being sworn in as substantive Chief Justice on 17 November.
While Torkornoo still has a long-shot chance at eventual victory on the full human rights claim, today’s decision means she will remain out of office, and the Mahama administration’s judicial reset will proceed at full speed.
The Pwamang Committee is expected to present its final report to Parliament before the Christmas break.
