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Suspended Chief Justice of Ghana, Gertrude Araba Esaaba Torkornoo, has filed a fresh application at the ECOWAS Community Court of Justice in Abuja, seeking redress over what she describes as violations of her rights arising from her suspension and the ongoing process to remove her from office.
Deputy Attorney General Justice Srem-Sai disclosed in a Facebook post on Tuesday, July 8, that the Chief Justice lodged her application with the ECOWAS Court on July 4, 2025.
The move introduces a new international dimension to a legal saga already being contested in Ghana’s courts.
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According to Srem-Sai, Justice Torkornoo is arguing that her suspension amounts to an effective removal from office without a final determination, thereby infringing on her right to function and serve in the position she was constitutionally appointed to.
“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,” Srem-Sai explained.
Justice Torkornoo was suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution, after three separate petitions were submitted to the presidency seeking her removal. She has already challenged her suspension before both the Supreme Court and the Human Rights Division of the High Court in Ghana.
On July 1, the Attorney General’s Department escalated its own efforts, filing a motion to strike out Justice Torkornoo’s application for judicial review in the High Court. According to the State’s affidavit, deposed by State Attorney Reginald Nii Odoi, the Chief Justice’s filing allegedly contained a “grave misstatement of capacity” and failed to include “mandatory and essential parties,” rendering it legally defective.
The Attorney General contends that these omissions undermine the application’s legal standing and procedural validity.
President Mahama has consistently maintained that his administration is strictly adhering to the constitutional processes governing such high-profile proceedings. In a recent statement, he emphasized that the presidency had fulfilled its constitutional obligations by referring the petitions to the appropriate investigative committee and is now awaiting the outcome of that body’s work.
Justice Torkornoo’s suspension has ignited intense debate among legal practitioners, civil society organizations, and political parties. The New Patriotic Party (NPP) and the Minority in Parliament have both raised concerns about the broader implications of the suspension for judicial independence and democratic governance.
Critics argue that suspending a sitting Chief Justice before a conclusive determination risks undermining public confidence in the judiciary’s autonomy.
However, government officials insist that the process is fully compliant with the Constitution and underscores Ghana’s commitment to the rule of law.
The investigative committee’s final report will be decisive in determining whether Justice Torkornoo is reinstated or permanently removed from office. Meanwhile, the ECOWAS Court application could introduce fresh legal considerations and timelines, potentially delaying a resolution.
Justice Torkornoo’s recourse to the regional tribunal underscores the high stakes and constitutional sensitivities involved in the matter, which observers say could set precedents for how similar cases are handled in Ghana and across West Africa.
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