Justice Gertrude Torkornoo
Suspended Chief Justice Gertrude Torkornoo has filed a case at the ECOWAS Community Court of Justice in Abuja, Nigeria, challenging her suspension by President John Dramani Mahama.
According to Deputy Attorney General Justice Srem-Sai, the Chief Justice argues that her suspension violates her human rights, effectively removing her from office without a final determination.
Justice Srem-Sai revealed in a Facebook post on Tuesday, July 8, that Justice Torkornoo filed the new application at the ECOWAS Community Court of Justice on July 4. Her legal action is aimed at challenging her suspension and the ongoing efforts to remove her from office.
According to Srem-Sai, the Chief Justice is claiming that her suspension amounts to a violation of her human rights. She argues that being suspended without a final decision on the petitions against her has denied her the right to continue serving in her constitutional role.
“Essentially, Her Ladyship argues that by her suspension, she has effectively been removed from her official capacity without a final determination,” the Deputy Attorney General wrote.
Justice Torkornoo had already challenged her suspension at Ghana’s Supreme Court and the High Court. In the local courts, three different petitions have been filed seeking her removal, leading to her suspension by President John Dramani Mahama under Article 146 of the 1992 Constitution.
Meanwhile, on July 1, the Attorney General’s office filed a motion at the Human Rights Division of the High Court to dismiss the Chief Justice’s application for judicial review. The State argues that her application is legally flawed because it contains serious errors and leaves out important parties who should be part of the case.
President Mahama has stated that the government is following the constitution in handling the matter. Speaking publicly, he said the presidency had done its part and was now waiting for the report from the committee set up to investigate the petitions.
Justice Torkornoo’s suspension has sparked widespread public debate. Legal experts, civil society groups, and political parties, including the opposition New Patriotic Party (NPP) and the Minority in Parliament, have expressed concerns about what the case could mean for the independence of Ghana’s judiciary.
Despite these concerns, government officials insist that all actions taken so far are within the law and in line with Ghana’s democratic principles.