Suspended Chief Justice files new case at ECOWAS Court

Ghana’s suspended Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has taken her fight beyond Ghana’s borders, by dragging the incumbent government to the ECOWAS Community Court of Justice in Abuja, Nigeria.

Her Ladyship, the Chief Justice, is accusing the government of violating her rights after being suspended from office before any final ruling on the petitions calling for her removal was made.

Deputy Attorney-General, Dr. Justice Srem-Sai, made the disclosure via Facebook on Tuesday, July 8, 2025. He disclosed that the case was officially filed at the ECOWAS Court on July 4, 2025.

“I can confirm that the Chief Justice – Her Ladyship, Justice Gertrude Torkornoo – has filed another court case, this time, at the ECOWAS Community Court in Abuja, Nigeria, against the Republic.

“In the case, which was filed on July 4, Her Ladyship repeated the same allegations of human rights violations which are currently pending determination before our Supreme Court and, also, before our High Court in respect of the ongoing removal processes.

“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,” Dr. Srem-Sai explained.

Locally, the Chief Justice has already challenged the suspension before both the Supreme Court and the High Court of Ghana.

However, the ECOWAS Court has not yet announced a date for the hearing.

President John Mahama, on the other hand, says his hands are clean and he has no personal interest in the ongoing investigations of the suspended Chief Justice.

Addressing the Council of State on Monday, July 7, 2025, the President described the ongoing proceedings on the petitions to remove Justice Torkornoo, whom he suspended after a prima facie case was established by the Council, as one of the “difficult issues” his government has had to deal with in its sixth month in office.

He said that the Council did its job and now awaits the findings of the 5-member committee hearing the petitions, which is chaired by Supreme Court judge, Justice Gabriel Scott Pwamang.

“On the issue of governance, we have had a difficult issue with regard the suspension of the Chief Justice. Of course, the Council of State was involved in a part of that process.

And so, we have done our part. The rest is left with the Committee that was set up to come out with whatever its findings are”, President Mahama stated.

On April 22, 2025, President Mahama suspended Chief Justice Torkornoo after three separate petitions were filed calling for her removal. Following constitutional guidelines outlined in Article 146 of the 1992 Constitution, the President consulted the Council of State before setting up a five-member investigative committee to look into the allegations.

The Committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, also includes Supreme Court Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo from the Ghana Armed Forces, and Prof. James Sefah Dzisah from the University of Ghana.

The Chief Justice has strongly criticized the proceedings, claiming the process is flawed and unconstitutional. She says her fundamental human rights have been violated through several means, including: Invasive body searches, confiscation of her personal electronic devices, denial of family access during hearings, intimidation through the choice of hearing venue and lack of clarity on the specific allegations against her

According to her, these actions have made the process appear secretive and biased.

After her suspension, amid public pressure, threats, and calls for her to step down, the suspended Chief Justice says she won’t quit.

Justice Gertrude Araba in a recent media briefing in June, 2025, she stated, “If I resign under these circumstances, I will be saying that this flawed, unknown and opaque process is acceptable; It is not.”

“Furthermore, resigning or retiring while Article 146 proceedings are being conducted to remove a Judge is not an option any Judge or public official is even allowed to have.

There is a decided case on the subject by the Supreme Court. The suit number is J6/02/2019,” she highlighted.

According to her, quitting would mean losing all her benefits, and worse: it would make it look like she had no defense against the allegations.

Justice Torkornoo emphasized that her decision to continue the process is not about holding on to power.

“I have decided to marshal every effort, in law and leadership, to answer to this situation.

As a lawyer of 38 years standing, a Judge of 21 years standing, and Chief Justice of Ghana who has served in the rule of law all of my working life, I consider it my onerous duty and obligation to speak up concerning the administration of justice in this country.

And a Judge who resigns or retires would still lose all entitlements because they failed to defend the claims and resigned or retired while the proceedings were going on,” she added.