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Deputy Attorney General, Justice Srem-Sai, has confirmed that Ghana’s suspended Chief Justice, Gertrude Araba Esaaba Torkornoo, has filed a new case at the ECOWAS Community Court of Justice in Abuja, Nigeria. The legal action challenges her suspension and the procedure initiated for her potential removal from office.
This development adds an international dimension to an already contentious legal saga unfolding in Ghana. Three separate petitions have been lodged locally, seeking her dismissal. Justice Torkornoo, suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution, has already contested the decision in both the High Court and the Supreme Court.
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In a Facebook post on Tuesday, July 8, Justice Srem-Sai revealed that the application to the ECOWAS Court was filed on July 4. He explained that the Chief Justice is alleging violations of her human rights, particularly the right to due process. “Essentially, Her Ladyship argues that by her suspension, she has effectively been removed from her position without a conclusive determination, infringing on her right to perform duties guaranteed under the Constitution,” Srem-Sai stated.
Meanwhile, on July 1, the Attorney General filed a motion at the Human Rights Division of the High Court to strike out Torkornoo’s judicial review application. According to a sworn affidavit by State Attorney Reginald Nii Odoi, the motion claims her application contains serious procedural flaws, including misrepresenting her legal standing and failing to include key parties, rendering the case invalid.
President Mahama has defended the suspension, insisting that the administration is following constitutional procedures. Speaking publicly on the issue, he stated that the presidency had fulfilled its legal obligations and was awaiting the outcome of a committee investigating the petitions.
The suspension has sparked nationwide debate, with legal experts, civil society groups, and political stakeholders—including the opposition New Patriotic Party (NPP) and Minority in Parliament—raising concerns about the broader implications for judicial independence.
Nonetheless, government officials maintain that all actions taken so far are in line with democratic and constitutional norms. The final report of the investigative committee will determine whether Justice Torkornoo will return to office or be permanently removed.
Story By: Afia Ohenewaa Akyerem