Chief Justice Seeks 8-Figure Compensation for Rights Violations
Suspended Chief Justice Gertrude Torkornoo filed applications at the ECOWAS Community Court of Justice in Abuja, Nigeria, on July 4, 2025, seeking $10 million for moral and reputational damages, alleging her April 22, 2025, suspension by President John Mahama violated her rights to a fair hearing under Article 7 of the African Charter on Human and Peoples’ Rights. Represented by Femi Falana SAN, she challenges the ongoing removal process, as reported by GhanaWeb.
Torkornoo’s suspension followed three petitions alleging misconduct and incompetence, filed by Shining Stars of Ghana (February 14, 2025), Daniel Ofori (March 17, 2025), and ACP Ayamga Yakubu Akolgo. A five-member committee, chaired by Justice Gabriel Pwamang, is investigating. Torkornoo claims the President’s prima facie determination lacked specific charges, calling it “arbitrary and capricious,” and alleges the committee lacks independence, violating her rights.
She previously challenged the process in Ghana’s Supreme Court and High Court, alleging violations like invasive searches and restricted access to electronic devices. Her May 2025 Supreme Court injunction was dismissed 4-1, and her High Court case remains undecided. Over five citizen-led suits to halt the committee also failed. Torkornoo now seeks ECOWAS declarations that her suspension breaches Articles 5 (dignity) and 15 (work conditions) of the African Charter, reinstatement, and a halt to the inquiry until fair procedures are set.
Deputy Attorney-General Justice Srem-Sai confirmed the suit, noting Ghana has five days to respond to provisional measures and 30 days for the main application. Critics like former Attorney-General Godfred Dame call the suspension a “judicial coup,” while supporters argue it addresses judicial accountability. Former Ghana School of Law Director Kwaku Ansa-Asare predicts the ECOWAS suit may fail, citing respect for Ghana’s constitutional process under Article 146.
The case tests Ghana’s judicial independence and ECOWAS’s role in regional human rights enforcement. A 2023 ECOWAS dismissal of a suit against Ghana’s Agyapa Royalties deal suggests challenges in overriding national processes, but a 2025 ruling against Ghana for detainee rights violations shows precedent for intervention. The outcome could shape Ghana’s democratic governance and judicial autonomy.