Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has initiated legal proceedings against the Republic of Ghana at the ECOWAS Community Court of Justice in Abuja, Nigeria, alleging violations of her fundamental human rights.
The development was disclosed by Deputy Attorney General Justice Srem-Sai in a Facebook post, where he confirmed the Chief Justice had filed the case on July 4, 2025.
“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,” he wrote.
Allegations and Legal Context
According to Justice Srem-Sai, the ECOWAS suit mirrors claims already pending before Ghana’s Supreme Court and High Court, all centered around the procedures related to her suspension.
“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,” he stated.
At the core of her ECOWAS complaint is the argument that the suspension constitutes a de facto removal from office without due process or a final judicial determination—an act that she claims undermines both her constitutional mandate and right to fair hearing.
“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,” Justice Torkornoo asserts in the filing.
Implications
The filing at the ECOWAS Court adds an international legal dimension to an already contentious issue domestically. It underscores concerns around judicial independence, constitutional due process, and the balance of power between Ghana’s judiciary and executive arms of government.
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