ECOWAS Court rejects Torkonoo’s request to stop probe committee
The ECOWAS Court of Justice has rejected former Chief Justice Gertrude Torkonoo’s application for temporary prohibition orders to halt the work of the committee that investigated her removal from office.
The Court also dismissed a preliminary objection from the Government of Ghana, which argued that the regional court lacked jurisdiction to hear the case.
Justice Torkonoo applied after the President constituted a committee chaired by Justice Gabriel Scott Pwamang to inquire into matters that eventually led to her removal and the swearing-in of her successor, Chief Justice Paul Baffoe-Bonnie.
In its ruling on Wednesday, November 19, 2025, the ECOWAS Court held that although the former Chief Justice had established a prima facie case alleging human rights violations, she failed to demonstrate the urgency required for the Court to issue temporary orders stopping the committee’s proceedings.
The judges highlighted that Justice Torkonoo’s failure to file her motion promptly, despite being suspended on April 22, 2025, and being aware of the ongoing processes, compromised her claims of imminent or irreparable harm.
As a result, the request for a prohibition order was dismissed.
The Court also addressed Ghana’s Attorney General’s objection, which argued that the matter was sub judice due to related issues being before a Ghanaian court. The ECOWAS Court, however, disagreed, describing the objection as misplaced.
The ruling stated that the regional court application concerns alleged human rights violations during Justice Torkonoo’s suspension and removal process, and does not seek to review or overturn any decision of a Ghanaian court.
The judges clarified that the sub judice principle applies only when a matter is awaiting judgment elsewhere, not merely due to similar facts between cases.
The Court concluded that it has jurisdiction to determine the substantive matter, having established the existence of a prima faciehuman rights claim. It therefore declared the main application admissible and directed the Attorney General to file a response.
