Suspended Chief Justice Torkornoo Sues Ghana at ECOWAS Court Over 'Unfair' Removal Process

Jul 8, 2025 - 14:00
Jul 8, 2025 - 22:11
Suspended Chief Justice Torkornoo Sues Ghana at ECOWAS Court Over 'Unfair' Removal Process

Accra, Ghana - 8 July, 2025 - Ghana’s suspended Chief Justice, Gertrude Torkornoo, has escalated her legal battle against her suspension by filing a lawsuit at the ECOWAS Community Court of Justice in Abuja, Nigeria, alleging human rights violations by the Republic of Ghana.

The case, lodged on 4 July 2025, marks a significant development in an ongoing controversy that has gripped the nation’s judiciary, raising questions about the balance between executive authority and judicial independence in one of Africa’s most stable democracies.

The lawsuit, confirmed by Ghana’s Deputy Attorney General, Justice Srem-Sai, in a social media post on 8 July, mirrors claims Torkornoo has already raised in Ghana’s Supreme Court and High Court.

She argues that her suspension by President John Dramani Mahama on 22 April 2025 constitutes an effective removal from her constitutionally appointed role without due process, violating her rights to function as Chief Justice.

''I can confirm that the Chief Justice - Her Ladyship, Justice Gertrude Torkornoo - has filed another court case - this time, at the ECOWAS Community Court in Abuja, Nigeria, against the Republic.I n the case, which was filed on July 4, Her Ladyship repeated the same allegations of human rights violations which are currently pending determination before our Supreme Court and, also, before our High Court in respect of the ongoing removal processes. 
''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 wrote on social media.

Torkornoo, who was sworn in as Ghana’s third female Chief Justice on 12 June 2023, contends that the process undermines her right to a fair hearing and threatens the independence of the judiciary, a cornerstone of Ghana’s democratic framework.

The suspension stemmed from three petitions filed against Torkornoo in February and March 2025, followed by two additional petitions in April, citing undisclosed allegations of misconduct and abuse of power.

Under Article 146 of Ghana’s 1992 Constitution, which governs the removal of superior court justices, President Mahama referred the petitions to the Council of State, which found a prima facie case warranting investigation. 

A five-member committee, chaired by a Supreme Court justice, was established to probe the allegations, prompting Torkornoo’s suspension to allow an impartial inquiry. The contents of the petitions remain confidential, as mandated by the Constitution, but their secrecy has fueled Torkornoo’s claims of unfair treatment.Torkornoo’s legal challenges began domestically, with lawsuits filed in Ghana’s Supreme Court and High Court to contest the suspension and the inquiry process.

On 21 May 2025, she sought an injunction from the Supreme Court to halt the committee’s proceedings, arguing that the lack of transparency regarding the allegations and the committee’s refusal to allow her legal team’s full participation violated her constitutional rights. She further claimed that the inquiry, conducted in camera, deviated from established judicial norms.

On 25 June, Torkornoo addressed the media, describing the process as a “mockery of justice” and warning that it endangered the security of tenure for all superior court justices.

Source: Lead News Online