Suspended Chief Justice Drags Ghana to ECOWAS Court Over Removal Process

Suspended Chief Justice of Ghana, Gertrude Araba Esaaba Torkornoo, has filed a legal challenge at the ECOWAS Community Court of Justice in Abuja, Nigeria, seeking redress over her suspension and the ongoing process for her potential removal from office.

Deputy Attorney General Justice Srem-Sai confirmed the move in a Facebook post on Tuesday, July 8, disclosing that the application was filed on July 4. The Chief Justice is invoking claims of human rights violations, arguing that her suspension, issued without a conclusive ruling on the petitions against her, undermines her right to hold and perform her constitutionally appointed role.

“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 explained.

Justice Torkornoo had earlier filed legal challenges in both the Supreme Court and High Court of Ghana. Her suspension by President John Dramani Mahama, under Article 146 of the 1992 Constitution, followed the filing of three separate petitions calling for her removal.

On July 1, the Attorney General’s Office filed a motion at the Human Rights Division of the High Court seeking to strike out the Chief Justice’s application for judicial review. The State’s affidavit, signed by State Attorney Reginald Nii Odoi, argued that the application was defective due to a “grave misstatement of capacity” and the failure to include “mandatory and essential parties.”

President Mahama has defended the action, insisting that all steps taken have been in line with constitutional provisions. He stated that the presidency had acted within its mandate and was now awaiting the findings of the committee established to investigate the allegations against the Chief Justice.

The suspension has sparked widespread debate across the country, with many legal experts, civil society groups, and opposition political figures—including the New Patriotic Party (NPP) and the Minority in Parliament—voicing concerns about the potential threat to judicial independence.

Government officials, however, maintain that due process is being followed and that the outcome of the investigative committee will ultimately determine whether Justice Torkornoo is reinstated or formally removed from office.