Chief Justice of Ghana, Her Ladyship Gertrude Torkornoo, has filed a landmark lawsuit at the ECOWAS Court of Justice, demanding $10 million in compensation for alleged violations of her fundamental human rights following her suspension from office in April 2025.
The legal action, which challenges the legitimacy of her suspension by President John Dramani Mahama, marks the first time in Ghana’s history that a sitting Chief Justice has taken legal action against the state at an international court. The suit, according to judicial sources, seeks wide-ranging declarations and orders, with major constitutional and human rights implications for both Ghana’s legal system and the West African region.
Chief Justice Torkornoo’s claim asserts that the suspension and the process initiated for her possible removal violated multiple provisions of the African Charter on Human and Peoples’ Rights. The filing specifically challenges the constitutionality, fairness, and impartiality of the investigative panel constituted to examine allegations of misconduct against her.
Among the declarations sought are:
- That her suspension violated her right to a fair hearing under Article 7 of the African Charter.
- That the investigative panel lacked independence and impartiality.
- That her suspension denied her the right to fair and satisfactory working conditions under Article 15.
- That she was subjected to public ridicule and damage to her dignity under Article 5.
- That the entire process has inflicted lasting harm on her personal and professional reputation.
Chief Justice Torkornoo argues that since her suspension on April 22, 2025, she and her family have endured immeasurable public humiliation and emotional distress. She is seeking both declaratory reliefs and orders to halt the process, along with a $10 million compensation package for reputational and moral damage.
Her suit stems from Article 146 of Ghana’s 1992 Constitution, which outlines the procedure for the removal of Superior Court judges. The Council of State must first establish a prima facie case before a formal committee of inquiry is constituted. While the Chief Justice has challenged the domestic legality of the process in Ghana’s High Court and Supreme Court—with her injunction request recently dismissed—the substantive constitutional issues remain unresolved.
Her recourse to the ECOWAS Court, a regional human rights tribunal with jurisdiction over civil and political rights violations in West Africa, has sparked widespread debate in legal circles. While some argue that domestic remedies should be exhausted first, the ECOWAS Court’s existing jurisprudence permits individuals to bring forward cases even if local proceedings are ongoing, so long as they are not being heard simultaneously in another international forum.
This case, unprecedented in both scope and stature, could set powerful precedents on the limits of presidential power, judicial independence, and the application of international human rights law within domestic political systems.
Legal analysts suggest that how the ECOWAS Court adjudicates the matter will have long-lasting consequences—not just for Chief Justice Torkornoo—but for the entire framework of accountability and separation of powers in Ghana and beyond.
Source: Wesleyannews.com
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