ECOWAS Court Rejects Former Chief Justice Torkornoo’s Request for Interim Measures.
The ECOWAS Court has dismissed former Chief Justice Gertrude Torkornoo’s request to halt her removal, ruling she failed to show urgency or imminent harm. The Court also rejected the State’s jurisdiction objection, but the removal process continues.
ECOWAS Court Rejects Former Chief Justice 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 Esaaba Sackey-Torkornoo, who sought to halt ongoing processes relating to her removal from office and secure reinstatement with full entitlements.
The decision, delivered on Wednesday, November 19, is a major setback for the former Chief Justice, who had asked the regional court to freeze all actions concerning her removal while she challenged the State’s conduct.
Court Says Application Lacked Urgency
In its ruling, the ECOWAS Court stated that Justice Torkornoo’s request did not meet the strict legal threshold required for the grant of interim or provisional measures.
According to updates shared by Deputy Attorney-General Dr Justice Srem Sai, who represented the Government of Ghana, the Court found that the former Chief Justice failed to demonstrate “urgency” or “imminent and irreparable harm.”
Dr Srem Sai quoted the Court’s reasoning as follows:
“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 imminent or exceptional circumstance that will justify the urgency of the application filed almost 3 months after the act complained of.”
Failure to Meet Criteria Ends the Application
The Court further held that because the requirement of urgency was not satisfied—and this requirement is cumulative—there was no need to examine the remaining legal conditions for granting provisional measures.
The judgment stated:
“In the 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.”
Court Upholds Its Jurisdiction
The State had raised a preliminary objection, arguing that the ECOWAS Court lacked jurisdiction because the issues involved constitutional interpretation already settled by the Supreme Court of Ghana.
However, the ECOWAS Court disagreed, concluding that the matter fell within its jurisdiction due to the nature of the allegations made by the former Chief Justice.
Removal Process Continues
With the dismissal of the interim application, the ECOWAS Court has declined to halt the ongoing removal process or reinstate Justice Torkornoo. This means that all actions relating to her removal remain active.
MaregoTV Will Continue to Monitor Developments
The ruling has generated significant public interest, given the high-profile nature of the case and its implications for judicial processes. MaregoTV will continue to follow the matter closely and provide updates on any major developments.
