…Over”Unlawful” Suspension
In a dramatic twist to Ghana’s ongoing judicial crisis, Chief Justice, Gertrude Torkornoo, has filed a new case against the state at the ECOWAS Community Court of Justice in Abuja, Nigeria, arguing that her suspension constitutes an unconstitutional removal from office.
The case, filed on July 4, 2025, is the latest legal salvo from the suspended Chief Justice, who is already battling similar claims in Ghana’s Supreme Court and High Court.
The Chief Justice contends that the actions taken against her constitute grave human rights violations, further eroding Ghana’s fragile judicial independence.
According to Deputy Attorney General Justice Srem Sai, who confirmed the development in a social media post, Justice Torkornoo, in the petition, asserts that her suspension has effectively stripped her of her official capacity without due process or a final determination.
“She argues that this has impaired her constitutional right to function and serve in a position she was lawfully appointed to,” Sai revealed.
He wrote, “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,” the Deputy Attorney General stated on his Facebook page yesterday.
Justice Torkornoo’s suspension stems from a series of explosive allegations, including abuse of office, administrative interference, and questionable procurement decisions linked to the judiciary’s modernisation projects.
Sources say she is accused of single-handedly influencing the awarding of contracts for court automation and security upgrades, allegedly bypassing established procurement protocols and sidelining key oversight bodies.
Critics also point to her alleged meddling in high-profile cases to protect specific political and business interests, raising deep concerns about judicial impartiality under her leadership.
These accusations triggered calls for her removal and led to her suspension pending investigations, an action she describes as a “de facto removal” carried out in violation of her constitutional protections.
Observers fear that her decision to seek international redress could further strain Ghana’s image as a beacon of democracy and the rule of law in the sub-region.
Some legal analysts warn that escalating the matter to ECOWAS may set a dangerous precedent, potentially inviting more external scrutiny into Ghana’s internal judicial affairs.
Meanwhile, supporters of the Chief Justice argue that her resort to the regional court reflects the erosion of domestic remedies and underscores the political undercurrents driving the campaign against her.
The ECOWAS court, known for upholding individual human rights across West Africa, is expected to rule on whether Ghana’s actions violated its right to fair administrative justice and due process.
As the legal battle escalates, it remains uncertain whether the Chief Justice can regain her position or if this will be the concluding chapter of her controversial tenure at the top of Ghana’s judiciary.
