Josiah
Chief Justice Gertrude Torkornoo has filed a groundbreaking suit at the ECOWAS Court of Justice, seeking $10 million in compensation for alleged moral and reputational damage stemming from her suspension by President John Dramani Mahama.
The lawsuit, described by legal observers as unprecedented, challenges the constitutionality of her suspension and the broader process initiated for her possible removal from office. It marks the first time in Ghana’s history that a sitting Chief Justice has pursued legal redress through a regional court.
According to court filings, Justice Torkornoo contends that her suspension on April 22, 2025, constitutes a grave violation of her fundamental rights under the African Charter on Human and Peoples’ Rights.
Key declarations sought by the Chief Justice include:
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That her suspension violated her right to a fair hearing under Article 7 of the Charter.
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That the panel constituted to investigate her was neither independent nor impartial.
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That the suspension breached her right to fair and satisfactory working conditions (Article 15).
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That she has been subjected to public ridicule and humiliation, violating her dignity (Article 5).
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That the ongoing proceedings have severely damaged her professional standing and exposed her family to public disgrace.
In addition to these declarations, she is requesting specific orders from the ECOWAS Court to affirm her rights and hold the Ghanaian state accountable.
Justice Torkornoo’s legal challenge is the latest twist in a political and constitutional saga that began with her suspension under Article 146 of the 1992 Constitution. The article outlines the procedures for removing justices of the Superior Courts, including the establishment of a prima facie case by the Council of State before the formation of a committee of inquiry.
Her earlier attempt to halt the process through an injunction at Ghana’s Supreme Court was dismissed in May 2025 on admissibility grounds. However, substantive constitutional arguments surrounding the legality of the proceedings remain unresolved in domestic courts.
Her recourse to the ECOWAS Court—a regional tribunal with jurisdiction over human rights violations—has generated considerable legal debate. While some argue that all domestic remedies must be exhausted first, others point to the ECOWAS Court’s established practice of admitting cases even when national proceedings are ongoing, provided they are not simultaneously before another international court.
This high-profile case has far-reaching implications for judicial independence, constitutional governance, and public confidence in the rule of law in Ghana. Legal analysts across West Africa are closely monitoring how the ECOWAS Court will interpret its mandate in a case involving the head of a member state’s judiciary.
