The ECOWAS Court has rejected the Ghanaian government’s preliminary objection in a case involving a suspended Chief Justice, affirming its jurisdiction over the human rights matter.
While an interim application filed by the plaintiff was also dismissed, legal counsel for the suspended Chief Justice described this as largely irrelevant, given that the government had already appointed and sworn in a new Chief Justice, rendering the interim measure moot.
The ruling comes against the backdrop of swift government action in Ghana.
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Despite the pending case at the ECOWAS Court, the government proceeded with nominating a successor, vetting the nominee in Parliament, and completing the swearing-in.
The plaintiff’s lawyer argued that these steps created a deliberate “fait accompli,” undermining the purpose of the ECOWAS proceedings.
The interim application’s dismissal was framed as inconsequential, with counsel asserting that it held “no value” since the government had acted before the court could intervene.
However, the substantive win lies in the court’s rejection of the government’s jurisdictional challenge, which had claimed that domestic courts had precedence.
The court clarified that it retains authority to adjudicate human rights violations, even when parallel proceedings exist in national courts.
With the preliminary objection dismissed, the ECOWAS Court has ordered the Ghanaian government to file its response to the substantive case within 30 days.
The focus now shifts entirely to the merits of the alleged human rights violation, with the plaintiff’s legal team preparing to argue the main case and seek a ruling on the core issues.
This ruling establishes a significant precedent, reinforcing the ECOWAS Court’s authority over human rights cases in member states and ensuring that the substantive claims will proceed despite domestic actions.
