Suspended Chief Justice Torkornoo drags Ghana to ECOWAS court over suspension

Suspended Chief Justice of Ghana, Her Ladyship Gertrude Araba Esaaba Torkornoo, has filed a fresh legal action at the ECOWAS Community Court of Justice in Abuja, Nigeria, seeking redress over her recent suspension from office.

Deputy Attorney General, Justice Srem-Sai, disclosed the development in a Facebook post on Tuesday, July 8, revealing that the Chief Justice filed her application on July 4.

The legal action, according to Srem-Sai, is grounded in alleged human rights violations linked to her suspension without a conclusive determination of petitions filed against her.

“Essentially, Her Ladyship argues that by her suspension, she has effectively been removed from her official capacity without a final determination, impairing her right to function and serve in a position she was constitutionally appointed to,” Justice Srem-Sai stated.

Justice Torkornoo was suspended by President John Dramani Mahama under Article 146 of Ghana’s 1992 Constitution, following the submission of three separate petitions demanding her removal from office.

She has already challenged the decision before Ghana’s Supreme Court and the High Court, insisting that her suspension is unconstitutional and violates the principles of natural justice.

In a related development, on July 1, the Attorney General filed a motion at the Human Rights Division of the High Court to strike out Justice Torkornoo’s application for judicial review.

The State, represented by State Attorney Reginald Nii Odoi, argued that the application is flawed, citing a “grave misstatement of capacity” and the failure to include “mandatory and essential parties.”

President Mahama has reiterated his administration’s commitment to constitutional governance, stating that the presidency has complied with all legal procedures and awaits the outcome of the committee probing the petitions.

The suspension has sparked widespread public discourse, with legal experts, civil society organisations, and political figures—particularly from the opposition New Patriotic Party (NPP) and the Minority in Parliament—expressing concern over potential threats to judicial independence.

Government officials, however, maintain that due process has been followed and that the matter is being handled in line with Ghana’s democratic and constitutional frameworks.

All eyes are now on the committee investigating the petitions, as its final report will determine whether Chief Justice Torkornoo will be reinstated or permanently removed from office.

Story by: Joshua Kwabena Smith