Hot SourceChief Justice Gertrude Araba Esaaba Sackey Torkornoo has taken a dramatic legal battle beyond Ghana’s borders, filing two urgent applications at the ECOWAS Community Court of Justice in Abuja, Nigeria, accusing the Ghanaian state of breaching her fundamental human rights.
In a bold move that underscores the deepening controversy surrounding her suspension, CJ Torkornoo is asking the regional court to declare that her right to a fair hearing — as guaranteed by Ghana’s 1992 Constitution and the African Charter on Human and Peoples’ Rights — has been flagrantly violated.
The applications, filed on Friday 4 July 2025 by renowned Nigerian lawyer Femi Falana SAN of Falana & Falana Chambers, were received at the ECOWAS Court registry in Abuja and have since been served on Ghana’s Attorney General. Ghana has five days to respond to her motion for provisional measures and 30 days to answer the main application.
No reasons given for suspension
At the heart of CJ Torkornoo’s case is her claim that she was suspended without being given a copy of the supposed prima facie determination or any reasons justifying her removal from office.
In her application, she argues that President John Dramani Mahama’s letter dated 22 April 2025 merely stated that a prima facie case had been established against her — without detailing the specific charges or reasons.
“Fairness demands that the President must specify the charges and provide reasons for concluding that a prima facie case exists. The President’s letter failed to do this. To date, the Applicant does not know the reasons for her suspension,” the application states.
She contends that this process was “arbitrary and capricious,” violating the standards of a judicious and objective assessment expected under Ghanaian constitutional law.
Ten reliefs sought, including reinstatement and $10m compensation
CJ Torkornoo is seeking a total of ten declarations and orders from the ECOWAS Court, including:
- A declaration that her suspension violated her right to a fair hearing under Article 7 of the African Charter.
- A declaration that the investigative panel set up to probe her conduct lacked independence and impartiality.
- A declaration that her suspension exposed her to public ridicule and violated her right to dignity.
- An order directing Ghana to reinstate her as Chief Justice immediately and halt the ongoing removal process until proper fair hearing standards are met.
- An award of US$10 million as compensation for moral and reputational damage suffered.
She also wants the court to direct Ghana to establish clear procedural rules for investigating a Chief Justice, ensuring compliance with both domestic and international human rights obligations.
Precautionary measures sought
In her motion for provisional measures, CJ Torkornoo requests that Ghana be ordered to:
- Suspend all proceedings for her removal from office until the case is fully determined.
- Ensure she continues to enjoy all privileges and entitlements of her office.
- Refrain from any further actions that could aggravate her situation or undermine the ECOWAS Court’s eventual ruling.
Background: Petitions and presidential suspension
On 22 April 2025, President Mahama suspended CJ Torkornoo following three petitions calling for her removal.
The first petition was submitted on 14 February 2025 by the group “Shining Stars of Ghana,” led by Kingsley Agyei. The second, dated 17 March 2025, was filed by Daniel Ofori, alleging misconduct and incompetence. The third came from Assistant Commissioner of Police Ayamga Yakubu Akolgo, who accused the Chief Justice of presiding over a panel that facilitated his arrest.
On 25 June 2025, CJ Torkornoo issued a national statement, decrying the committee’s refusal to share essential documents with her or recognise her legal representation, arguing that these actions further violated her constitutional rights.
As Ghana awaits its official response to the ECOWAS Court, this unprecedented legal showdown is set to test not only the country’s judicial independence but also its commitment to upholding constitutional and human rights standards before the eyes of the region and the world.
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