Suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, aged 62, has filed a lawsuit against the Republic of Ghana at the ECOWAS Community Court of Justice in Abuja, Nigeria, on July 4, 2025, seeking $10 million in compensation for moral and reputational damage caused by her suspension on April 22, 2025, by President John Dramani Mahama.
Represented by Nigerian lawyer Femi Falana SAN of Falana & Falana Chambers, Torkornoo argues that her suspension, prompted by three petitions for her removal, violates her human rights under the African Charter on Human and Peoples’ Rights, specifically her right to a fair hearing (Article 7), dignified working conditions (Article 15), and personal dignity (Article 5).
The petitions, filed by Shining Stars of Ghana (February 14, 2025), Daniel Ofori (March 17, 2025), and Assistant Commissioner of Police Ayamga Yakubu Akolgo, allege 21 counts of misbehavior and four counts of incompetence related to Torkornoo’s administrative duties as head of the judiciary.
A five-member committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, was established under Article 146 of Ghana’s 1992 Constitution to investigate these claims.
Torkornoo contends that the suspension and the committee’s composition lack transparency, impartiality, and due process, citing the President’s failure to provide detailed reasons for the prima facie determination and the committee’s refusal to share essential documents or recognize her legal representation.
Torkornoo’s ECOWAS suit seeks 10 reliefs, including declarations that her suspension and the investigative panel violate her rights, an order to lift her suspension and restore her to office, and a directive for Ghana to establish clear procedural rules for investigating a Chief Justice.
She also requests four precautionary measures, such as suspending the removal process and maintaining her entitlements pending the court’s ruling. Her legal team argues that the suspension has exposed her to public ridicule and eroded her professional standing, justifying the $10 million compensation claim.
The case has sparked debate in Ghana. Supporters, including some legal experts, argue it highlights threats to judicial independence, while critics, like former Ghana School of Law Director Kwaku Ansa-Asare, assert that Torkornoo’s failure to exhaust domestic remedies undermines her case, predicting its likely failure at ECOWAS due to Ghana’s constitutional compliance under Article 146.
The Supreme Court dismissed her earlier injunction application in May 2025, and the Attorney General has moved to strike out her High Court judicial review, citing procedural flaws.
The ECOWAS Court’s jurisdiction over human rights violations in member states makes it a viable forum, though its ability to override Ghana’s constitutional processes remains contentious. A ruling against Ghana could mandate reforms and set a regional precedent, while a dismissal may affirm the government’s actions.
The court’s decision, expected after Ghana responds within five days for provisional measures and 30 days for the main application, will be pivotal for Ghana’s judicial independence and public trust.
