The Community Court of Justice of Economic Community of West African States (ECOWAS) has dismissed an attempt by the Government of Ghana to block a human rights action filed by former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, clearing the way for a full hearing of her case.
Consequently, the court has ordered Ghana to file its response to Justice Torkornoo’s suit within 30 days. The state had previously refused to respond, insisting that its jurisdictional challenge took precedence over any substantive filings.
At a virtual sitting on 19 November 2025, the regional court rejected Ghana’s argument, advanced by Deputy Attorney-General Justice Srem-Sai, that the ECOWAS court lacked jurisdiction to entertain Justice Torkornoo’s complaint.
In its ruling, the court held that Justice Torkornoo had established a prima facie case of possible human rights violations, giving it clear jurisdiction to proceed.
The court, however, declined to grant her separate request for provisional measures, noting that her application, filed on 4 July 2025, was made three months after the issuance of the suspension warrant she is contesting. The judges said they would instead move directly to consider the substantive human rights claims.
During the hearing, the Deputy Attorney-General also asked the court to compel Justice Torkornoo’s legal team to withdraw their application for a default judgment, which they filed after Ghana failed to respond to the case.
Her lawyers refused, arguing they feared the state would again avoid filing a defence if the default application were withdrawn.
With the jurisdiction hurdle cleared, the high-stakes human rights battle between Ghana and its former Chief Justice now moves to a full hearing before the ECOWAS court.
Chief Justice Torkonoo is alleging a blatant violation of her right to a fair hearing, protected under Ghana’s 1992 Constitution and the 1991 Protocol establishing the ECOWAS Court.
