The Community Court of Justice, ECOWAS on Monday, 14 July, 2025 adjourned for a ruling on an application for provisional measures brought by the Chief Justice of Ghana, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, and the preliminary objections raised by the Republic of Ghana.
The initiating application with suit No. ECW/CCJ/APP/32/25, filed by the Chief Justice of Ghana, sought a suspension of ongoing proceedings to remove her from office and her reinstatement with full entitlements, pending the determination of the substantive matter before the Court.
During the hearing, the Respondent requested that its jurisdictional objection be heard first as it pertains to the Court’s power to determine the request for provisional measures. It argued that the Court lacked jurisdiction and that the application was inadmissible since it concerned constitutional matters pending before competent domestic courts in Ghana, including its Supreme Court.
The Respondent contended that allowing the ECOWAS Court to proceed would amount to forum shopping and could lead to conflicting decisions. It cited some decided cases where the Court declined jurisdiction over matters concurrently pending before national courts, affirming its principle of non-interference in ongoing domestic judicial processes.
Justice Gertrude Araba Esaaba Sackey Torkornoo
The Respondent added that the Chief Justice was duly informed of the petition for her removal and afforded access to relevant documents. Consequently, the ongoing process in Ghana are fully consistent with the procedures established under the Ghanaian Constitution.
In her response, the Applicant argued that the case does not involve constitutional interpretation, but rather clear violations of human rights guaranteed under regional legal instruments. She cited alleged breaches of Article 5 (right to dignity), Article 7 (right to fair hearing), and Article 15 (right to work) of the African Charter on Human and Peoples’ Rights. The Applicant further argued that the proceedings in Ghana had already inflicted reputational harm on her and compromised judicial independence. She stressed that allowing it to proceed could render the substantive matter before the ECOWAS Court moot.
On jurisdiction, the Applicant cited the ECOWAS Court’s jurisprudence which affirm the Court’s authority to hear human rights claims despite ongoing domestic proceedings, particularly when the domestic remedies are ineffective, or the violations persist.
The Applicant pointed out that the purpose of the application for provisional measures was to temporarily protect her rights and prevent irreparable harm, pending the final decision on the substantive case.
The matter has been adjourned for a ruling at date to be communicated to the parties.
