ECOWAS Court dismisses former CJ Torkornoo’s request for interim measures

The ECOWAS Community Court of Justice has dismissed an application for interim measures filed by former Chief Justice Gertrude Araba Esaaba Torkornoo in her ongoing human rights case against the Government of Ghana. The ruling was announced on Tuesday, 19 November 2025, and shared publicly by Deputy Attorney General Justice Srem-Sai.

According to Justice Srem-Sai, the Court found that Justice Torkornoo did not meet the strict criteria for provisional relief, which is granted only when urgent, imminent, and irreparable harm cannot wait for the final judgment.

Quoting from the ruling, Justice Srem-Sai said, “The Applicant’s own conduct defeats her claim of imminent and irreparable harm.” The Court noted that the former Chief Justice filed her request nearly three months after the alleged incident, a delay incompatible with the urgency required.

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He added:

The Court is, therefore, satisfied that the Applicant has not demonstrated the existence of imminent or exceptional circumstances that would justify the urgency of the application filed almost three months after the act complained of.

The Court further concluded:

In light of the Applicant's failure to meet the requirement of urgency, the Court finds no basis to assess the remaining criteria for provisional measures. The request for provisional measures as outlined by the Applicant, being unsubstantiated, is therefore dismissed.

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Background

Justice Torkornoo’s legal challenge follows her suspension earlier this year by President John Dramani Mahama, triggered by petitions alleging misconduct and incompetence. A committee under Article 146 of the 1992 Constitution investigated the claims. While these proceedings continued, she challenged the process in Ghana’s High Court and Supreme Court before filing her case with the ECOWAS Court.

She alleges the Government of Ghana violated her human rights, including her right to a fair hearing, dignity, and occupation. Her suspension was later followed by removal from office on September 1 2025, making her the most senior judicial figure dismissed under the Fourth Republic.

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The dismissal of the interim measures means Justice Torkornoo will not receive temporary relief or reinstatement while the Court considers the substantive case. The matter will now proceed through the ECOWAS Court’s normal process, with a final judgment expected at a later date.