ECOWAS Case: Lecturer says Ex-Chief Justice Torkonoo unlikely to regain office

A constitutional law expert has suggested that former Chief Justice Gertrude Torkonoo is unlikely to return to the bench even if she succeeds in her human rights challenge currently before the ECOWAS Court of Justice.

Speaking on JoyNews, law lecturer Prof. Kwadwo Appiagyei-Atua said the most probable outcome of the case is an award of compensation, rather than a reversal of the events that led to her removal earlier this year.

According to Prof Appiagyei-Atua, regional courts generally avoid issuing remedies that could destabilise settled constitutional appointments.

Justice Torkonoo argues that the process that triggered her exit—including proceedings before a committee chaired by Justice Gabriel Pwamang—breached her right to a fair hearing under both Ghanaian constitutional provisions and ECOWAS human rights protocols.

Her comments follow the ECOWAS Court’s recent refusal to temporarily halt the work of the investigative committee that formed the basis of her removal. Judges dismissed that interim application, saying she had not demonstrated sufficient urgency, even though they accepted that she had established a prima facie human rights claim.

Despite the interim setback, the regional court rejected Ghana’s preliminary objection that it lacked authority to hear the case. The judges ruled that the existence of related proceedings in Ghanaian courts did not prevent the ECOWAS Court from examining alleged human rights breaches.

The Attorney General has been instructed to file the state’s response within 30 days.

Prof Appiagyei-Atua questioned why the Court took months to deliver a ruling on an application meant to be urgent.

The substantive case—centred on whether Justice Torkonoo’s rights were infringed during the suspension and removal process—now proceeds to full hearing.