Nii Ayikoi Otoo, lawyer for former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, has stated that the ECOWAS Court’s dismissal of her client’s interim application to halt the investigative committee does not affect the substantive case challenging her removal from office.
According to him, the court’s decision dealt only with preliminary issues and does not alter the human rights claims Justice Torkornoo has brought before the regional court.
Gertrude Torkornoo filed the case alleging a breach of her right to a fair hearing as protected under Ghana’s 1992 Constitution and the 1991 Protocol of the ECOWAS Community Court of Justice.
During proceedings, Deputy Attorney General Dr. Justice Srem-Sai, representing the state, argued that the ECOWAS Court lacked jurisdiction to entertain the matter.
However, in a Zoom sitting on Wednesday, November 19, 2025, the court dismissed the state’s objection, ruling that Justice Torkornoo had demonstrated a prima facie case of fundamental human rights violations, giving the court jurisdiction to hear the matter.
Reacting to the decision during an interview with Joy FM, Otoo said, “So, per our simple understanding, this does not affect the larger substantive matter at all. The ECOWAS Court operates whether or not a case is pending in your country.”
He noted that by rejecting Ghana’s objection based on the existence of cases in local courts, the ECOWAS Court had cleared the way for the substantive hearing to continue.
The lawyer further described the interim ruling as inconsequential in relation to ongoing developments in Ghana, including the appointment and swearing-in of the new Chief Justice, Paul Baffoe-Bonnie.
“Why are they disputing that an interim application has been dismissed? Because that interim had been overtaken by events,” he said.
Ayikoi Otoo confirmed that the ECOWAS Court has now instructed the Ghanaian government to file its response to Justice Torkornoo’s application within 30 days, paving the way for the main human rights issues to be examined.
He stressed that although proceedings are ongoing in Ghana, the ECOWAS Court retains jurisdiction over human rights matters.
“The preliminary objection has been dismissed, and they have been given 30 days to file their processes. So you’re just proceeding to the substantive matter, with or without them,” he added.
Justice Torkornoo was suspended on April 22, 2025, and a committee chaired by Justice Gabriel Scott Pwamang was set up to investigate matters leading to her removal.
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