ECOWAS Court Rejects Torkornoo’s Request to Halt Removal Probe — “Nothing Left to Injunct,” MP Baidoo Says

Former Chief Justice Gertrude Torkornoo- Photo credit Bloomberg

Accra, Ghana —The ECOWAS Court of Justice has dismissed former Chief Justice Gertrude Sackey Torkornoo’s application seeking interim measures to stop the work of the committee that probed her removal from office, delivering a major setback to her legal challenge against government actions that led to her dismissal earlier this year.

The ruling, delivered via Zoom on Wednesday, held that Justice Torkornoo failed to meet the requirements for emergency relief. According to the court, the former Chief Justice did not demonstrate “imminent or exceptional” circumstances warranting an injunction.

A Facebook post shared by Justice Sai, on the ruling of the court, stated that “The Applicant’s own conduct defeats her claim of imminent and irreparable harm. The Court is, therefore, satisfied that the Applicant has not demonstrated the existence of an imminent or exceptional circumstance that will justify the urgency of the application filed almost 3 months after the act complained of.

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, same being cumulative. The request for provisional measures as outlined by the Applicant, same not substantiated, is therefore dismissed.”

Justice Torkornoo had asked the ECOWAS Court to temporarily restrain the Justice Gabriel Pwamang-led committee from continuing its work, arguing that the process breached her rights and violated constitutional safeguards.

Reacting to the ruling, Bernard Bediako Baidoo, Member of Parliament for Akwatia, said the ECOWAS Court made the correct call because the removal process had already run its full constitutional course. “You cannot come three months after the decision has been rendered and ask the court to injunct it. The President has acted pursuant to the Constitution. There is absolutely nothing to injunct,” he stated.

According to Baidoo, the removal process followed every step required under Ghanaian law from the petition by a private citizen, to referral to the Council of State, to the establishment of the prima facie case committee, and eventually to the implementation of its findings. He stressed that human rights violations did not arise, saying Torkornoo was given every legal opportunity to be heard: “Human rights violations occur where a person is denied the right to be heard. She was heard. The committee completed its work, and the Constitution provides no room for appeal. That is the law.

Baidoo disagreed with the ECOWAS Court’s view that it has jurisdiction over the matter, arguing that Ghana’s sovereignty rests on its Constitution. However, he maintained that the ruling ultimately affirms the legitimacy of the removal process: “The ECOWAS Court will only determine whether any part of our law was infringed. For me, none was. The process was constitutional, lawful, and has been completed. Justice Baffoe-Bonnie is the Chief Justice of Ghana.”

When asked whether the President would comply if the ECOWAS Court eventually rules in Torkornoo’s favor on the substantive matter, Baidoo said, “The President will comply if such a ruling is made, but whether that is realistic is another matter.”

Justice Torkornoo, who served as Chief Justice from June 2023 until her removal in 2025, was investigated over allegations of misconduct and administrative breaches. Her removal, only the second of a Chief Justice in Ghana’s Fourth Republic, sparked a sharp national debate, with legal and political observers questioning the transparency of the proceedings.

The committee’s work concluded with recommendations submitted to President Mahama, who subsequently revoked her appointment and swore in Justice Paul Baffoe-Bonnie, the most senior member of the Supreme Court, as the new Chief Justice.