The ECOWAS Community Court of Justice has dismissed an injunction application filed by former Chief Justice Gertrude Esaaba Sackey-Torkornoo, who sought to halt ongoing processes for her removal from office and secure her reinstatement with full entitlements. 

According to the ECOWAS court, despite being suspended on April 22, 2025, and fully aware of the ongoing processes, Mrs Sackey-Torkornoo waited three months before filing her motion undermining her own claims of imminent or irreparable harm. 

As a result, the request for a prohibition order was dismissed. 

The court also rejected a preliminary objection from the Government of Ghana, which argued that the regional court lacked jurisdiction to hear the case

This followed an application filed by the former chief justice after President John Mahama 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.

ECOWAS further stated that the application before the regional court concerns alleged violations of Justice Torkonoo’s human rights during the suspension and removal process, and does not seek to review or overturn any decision of a Ghanaian court. 

The judges further clarified that the sub judice principle applied only when a matter was awaiting judgment elsewhere, not merely because two cases shared similar facts.

The court concluded that it had jurisdiction to determine the substantive matter, having established the existence of a prima facie human rights claim. It, therefore, declared the main application admissible and directed the Attorney General to file a response.

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