Chief Justice Torkornoo Files Human Rights Case at ECOWAS Court After Suspension by President Mahama

Abuja, Nigeria / Accra, Ghana — In a dramatic legal twist, the suspended Chief Justice of Ghana, Justice Gertrude Araba Esaaba Torkornoo, has taken her case beyond Ghana’s borders, filing a fresh application at the ECOWAS Community Court of Justice in Abuja, Nigeria. The application, lodged on July 4, seeks redress over what she describes as a violation of her fundamental human rights following her suspension from office.

This new legal move adds another layer to the growing constitutional and judicial crisis surrounding her position. Justice Torkornoo was suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution after three separate petitions were filed demanding her removal from office. However, the suspended Chief Justice maintains that the suspension was premature and unconstitutional, given that the petitions have yet to be fully adjudicated.

In a Facebook post on Tuesday, July 8, prominent lawyer and academic Justice Srem-Sai disclosed that Justice Torkornoo is arguing her case at the ECOWAS Court on the basis of human rights violations. Specifically, she contends that her suspension amounts to an effective removal from office without due process, thereby infringing on her right to serve in the role to which she was lawfully appointed.

“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,” Srem-Sai wrote.

Domestic Legal Battle Intensifies

While the ECOWAS Court matter unfolds, parallel legal proceedings are ongoing within Ghana. Justice Torkornoo has already filed applications at both the Supreme Court and the High Court challenging the legality of her suspension and the constitutionality of the removal proceedings initiated against her.

However, on July 1, the Attorney General escalated matters by filing a motion at the Human Rights Division of the High Court seeking to dismiss her application for judicial review. In an affidavit submitted by State Attorney Reginald Nii Odoi, the State argued that the application is flawed, citing a “grave misstatement of capacity” and the omission of “mandatory and essential parties” as grounds for striking it out.

What’s at Stake?

Justice Torkornoo’s case raises fundamental questions about judicial independence, constitutional procedure, and the balance of power between Ghana’s executive and judiciary. Her decision to escalate the matter to the regional ECOWAS Court could also set a significant precedent for how suspended officials in member states seek justice beyond national boundaries.

With legal proceedings now spanning domestic and regional courts, the coming weeks are expected to be pivotal—not only for Justice Torkornoo’s future, but also for the integrity and independence of Ghana’s judiciary.