ECOWAS Court dismissed AG Dominic Ayine’s(L) objection to its jurisdiction in the case of Torkornoo
The Community Court of Justice of the Economic Community of West African States (ECOWAS) has reportedly thrown out an objection by the Office of the Attorney General and Minister of Justice in the case filed against the state by the sacked Chief Justice of Ghana, Chief Justice Gertrude Sackey Torkornoo.
The Attorney General’s Office had raised a preliminary objection challenging the ECOWAS Court’s jurisdiction to hear the case filed by former Chief Justice Torkornoo.
The court, according to a report by thelawplatform.com, during a virtual hearing on Wednesday, ruled that it has the authority to hear the case filed by the former Chief Justice.
It ruled that Justice Torkornoo’s case establishes a prima facie case of violation of human rights to a fair hearing under Ghana’s Constitution and the ECOWAS Protocols, which falls within its mandate.
The ECOWAS Court went on to order the government of Ghana to file its defence in the case within 30 days.
During the virtual trial on Wednesday, the Court also dismissed an application filed by former Chief Justice Torkornoo, who sought interim measures following her removal from office.
The former Chief Justice’s application requested the suspension of the ongoing removal process and her reinstatement with full entitlements while her human rights case proceeds.
Why Ghana is yet to file a response to Torkornoo’s case at the ECOWAS Court
According to updates from the Deputy Attorney General and Minister of Justice, Dr Justice Srem-Sai, the ECOWAS Court of Justice ruled that Torkornoo’s application for interim measures “did not satisfy the criteria for a grant of interim measures.”
Quoting the court directly, Dr Srem-Sai, in a Facebook post, stated that Torkornoo’s conduct does not support her claim of irreparable harm arising from the removal process and the Justice Pwamang Committee probe.
He added that the judges noted that, despite being suspended on April 22, 2025, and being fully aware of the ongoing processes, she waited three months before filing her motion.
Justice Gertrude Torkornoo filed a lawsuit against the government of Ghana at the ECOWAS Community Court of Justice in Abuja, Nigeria, on July 4, 2025, challenging her suspension on April 22, 2025, by President John Dramani Mahama.
She alleged that her suspension, prompted by three petitions accusing her of misconduct, violated her human rights to a fair hearing, dignity, and fair working conditions under Articles 5, 7, and 15 of the African Charter on Human and Peoples’ Rights.
Torkornoo asked the court to award her $10 million in compensation for moral and reputational damages, revocation of her suspension, and a halt to the removal proceedings against her, arguing that the process was arbitrary and lacked transparency.
BAI
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