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ECOWAS Court rejects former CJ’s interim relief application

The ECOWAS Court in Abuja, Nigeria, on Wednesday dismissed former Chief Justice, Gertrude Araba Sackey Torkornoo’s application for interim measures.

The court ruled that the application did not meet the criteria for interim relief, noting that the applicant’s own conduct undermined her claim of imminent and irreparable harm.

It stated that Justice Torkornoo had failed to demonstrate urgent or exceptional circumstances to justify filing the application nearly three months after the action 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, which are cumulative. The request for interim measures, as outlined by the applicant and unsubstantiated is therefore, dismissed,” the court stated.

Justice Torkornoo approached the ECOWAS Court in August after filing multiple applications challenging her suspension and alleging violations of her human rights. She contended that the Attorney-General, Dr Dominic Akurutinga Ayine, had failed to respond within the stipulated time.

President John Dramani Mahama removed Justice Torkornoo from office on September 1, citing stated misbehaviour, following recommendations from a committee appointed to investigate three petitions filed against her by Ghanaian citizens.

Justice Torkornoo argued that her suspension effectively removed her from office without a final determination, impairing her constitutional right to serve in her appointed position.

On April 22, 2025, President Mahama, acting under Article 146 (6) of the 1992 Constitution, suspended the Chief Justice after a prima facie case was established against her.

A statement by Presidential Spokesperson, Mr Felix Ofosu Kwakye, confirmed that the suspension took immediate effect pending the committee’s proceedings.

The inquiry committee, appointed in consultation with the Council of State, was chaired by Justice Gabriel Scott Pwamang of the Supreme Court, with members including Justices Samuel Kwame Adibu-Asiedu, Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo, and Professor James Sefah Dzisah.

BY MALIK SULLEMANA

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