In a dramatic escalation of Ghana’s judicial standoff, suspended Chief Justice Gertrude Torkornoo has filed a lawsuit against the Government of Ghana at the ECOWAS Community Court of Justice in Abuja, Nigeria. The legal action challenges the constitutionality of her suspension and the ongoing proceedings to remove her from office.
According to Deputy Attorney General and Minister of Justice, Justice Srem Sai, the Chief Justice is seeking reliefs nearly identical to those previously dismissed by Ghana’s Supreme Court. This time, however, she is turning to the regional court, alleging that her fundamental human rights have been violated in the process.
Justice Torkornoo’s petition to the ECOWAS Court, filed on July 4, 2025, argues that her suspension amounts to a de facto removal from office without due process. She contends that this action has impaired her ability to perform her constitutional duties and undermines the integrity of her appointment.
The Supreme Court of Ghana had earlier dismissed her application on May 28, 2025, with a five-member panel led by Acting Chief Justice Paul Baffoe-Bonnie ruling that her claims lacked merit. Despite this setback, Justice Torkornoo has persisted, filing a judicial review in June and now seeking international adjudication.
In her ECOWAS filing, she is asking the court to nullify all proceedings of the five-member committee—chaired by Justice Gabriel Scott Pwamang—that is currently hearing three petitions for her removal. She argues that the process has been marred by procedural irregularities and violations of her rights, including the failure to serve her with the petitions in question.
Describing the hearings as “arbitrary, capricious, and unreasonable,” Justice Torkornoo maintains that the process has denied her a fair opportunity to respond to the allegations. Her legal team asserts that the lack of transparency and due process not only breaches Ghana’s constitutional safeguards but also contravenes regional human rights standards.
While the ECOWAS Court does not have the authority to overturn rulings by Ghana’s Supreme Court, it can issue binding decisions on human rights violations by member states. If the court finds in her favor, it could compel the Ghanaian government to halt the removal process or provide reparations—setting up a potential clash between domestic sovereignty and regional obligations.
As the case unfolds, it raises profound questions about judicial independence, constitutional accountability, and the role of supranational courts in domestic affairs. Whether this legal gambit will restore Justice Torkornoo to office or deepen the constitutional crisis remains to be seen.
Sankofaonline
