Chief Justice Alleges Human Rights Violations in Removal Process
Suspended Chief Justice Gertrude Torkornoo filed two applications at the ECOWAS Community Court of Justice in Abuja, Nigeria, on July 4, 2025, challenging her suspension by President John Mahama on April 22, 2025. Represented by Femi Falana SAN, she alleges violations of her rights to a fair hearing, dignity, and equitable work conditions, seeking $10 million in damages and reinstatement, as reported by gbcghanaonline.com.
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. She claims the President’s prima facie determination lacked specific charges or reasons, rendering it “arbitrary and capricious.” A five-member committee, chaired by Justice Gabriel Pwamang, was set up to probe the allegations, but Torkornoo argues it lacks independence.
The applications, a main suit and a motion for provisional measures, were served on Ghana’s Attorney-General. Ghana has five days to respond to the motion and 30 days for the main application. Torkornoo seeks declarations that her suspension violates Articles 5, 7, and 15 of the African Charter, an order to lift her suspension, and a halt to the inquiry until fair procedures are established.
The case follows her unsuccessful challenges at Ghana’s Supreme Court and High Court, where she raised similar human rights concerns. Critics, including former Attorney-General Godfred Dame, call the suspension a “judicial coup,” while supporters like Dr. Tony Aidoo back Mahama’s move to clean the judiciary. Former Ghana School of Law Director Kwaku Ansah-Asare argues the ECOWAS suit undermines Ghana’s Constitution, predicting its failure.
The ECOWAS Court, which ruled against Ghana in May 2025 for detaining 30 Homeland Study Group members, has a mixed history with Ghanaian cases, dismissing a 2023 suit against the Agyapa Royalties deal. Torkornoo’s case tests the court’s jurisdiction over national judicial processes, with implications for Ghana’s judicial independence and regional oversight.