Deputy Attorney General, Justice Srem-Sai, has disclosed that Ghana’s suspended Chief Justice, Gertrude Araba Esaaba Torkornoo, has filed a fresh legal action at the ECOWAS Community Court of Justice in Abuja, Nigeria, challenging her suspension and the ongoing efforts to remove her from office.
The latest legal move adds a new international dimension to the unfolding controversy, which already includes multiple court challenges within Ghana. Justice Torkornoo is currently contesting her suspension in both the Supreme Court and the High Court, even as three separate petitions seek her removal under Article 146 of the 1992 Constitution.
In a Facebook post on Tuesday, July 8, Justice Srem-Sai revealed that the Chief Justice filed her application with the ECOWAS Court on July 4, alleging violations of her fundamental human rights.
“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 is contending that her suspension amounts to a premature removal, undermining both her role and the principles of due process.
Meanwhile, on July 1, the Attorney General filed a motion at the Human Rights Division of the High Court to strike out Justice Torkornoo’s judicial review application. In an affidavit sworn by State Attorney Reginald Nii Odoi, the State argued that her application is legally flawed, citing a “grave misstatement of capacity” and the failure to join essential parties to the suit.
President John Dramani Mahama, who suspended Justice Torkornoo in accordance with Article 146, has defended the government’s actions, emphasizing strict adherence to constitutional procedures. Speaking recently, he noted that the executive has fulfilled its mandate and now awaits the findings of the investigative committee reviewing the petitions.
The suspension of the Chief Justice has sparked a wave of national debate, with legal experts, civil society organizations, and opposition groups—including the New Patriotic Party (NPP) and the Minority in Parliament—raising concerns over judicial independence and constitutional integrity.
Government officials have, however, maintained that due process is being followed and that the ongoing proceedings reflect Ghana’s commitment to democratic governance and the rule of law.
The outcome of the investigative committee’s report will ultimately determine whether Justice Torkornoo is reinstated or permanently removed from office.
