ECOWAS Court dismisses all seven claims by ex-CJ Torkornoo against Ghana

The ECOWAS Community Court has unanimously dismissed all seven claims brought by former Chief Justice Gertrude Torkornoo against the Republic of Ghana in connection with her removal from office.

The ruling delivered on Wednesday, June 24, 2026, was confirmed by Deputy Attorney General and Minister of Justice Dr Justice Srem-Sai.

According to him, the court held that Ghana did not violate her rights under the African Charter as she had claimed, and therefore dismissed her claim for US$10 million in damages.

“The ECOWAS Community Court has, a while ago, dismissed all of the 7 claims which the former Chief Justice, Her Ladyship, Justice Gertrude Torkornoo, brought against our beloved Republic.

“In respect of Her Ladyship’s claim for US$ 10 million damages, the Court held that “in light of the Court’s conclusions that Ghana has not violated any of the Applicant’s rights under the African Charter as alleged, the Court makes no decision on reparations,” he shared on Facebook.

Justice Torkornoo had filed two applications at the ECOWAS Court in Abuja, Nigeria, through Nigerian lawyer Femi Falana, SAN, following her suspension and the ongoing process for her removal from office.

She argued that her right to a fair hearing under both the 1992 Constitution of Ghana and the African Charter on Human and Peoples’ Rights had been violated.

According to her, the President failed to properly state the basis of the petitions used to establish a prima facie case against her before her suspension.

Part of her application stated that the process was unfair and lacked proper reasoning, noting that “The President’s letter failed to do this. It simply stated that a prima facie case has been found against the Applicant without more.”

She further described the process as “arbitrary and capricious,” arguing that it exposed her to unfair treatment and public ridicule while proceedings were ongoing.

In her suit, she sought several reliefs, including a declaration that her suspension violated her rights, an order for her reinstatement, and US$10 million in compensation for alleged reputational damage.

The list of 10 reliefs Justice Torkornoo is seeking from the ECOWAS Court:

1. A declaration that the suspension of the Applicant (Justice Gertrude Araba Esaaba Sackey Torkornoo) as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025 violated the Applicant’s human right to a fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples’ Rights.

2. A declaration that the panel instituted by the Respondent (Ghana) to investigate and determine the allegations of misconduct against the Applicant was not constituted to guarantee its independence and impartiality and, as such, has violated the Applicant’s human right to a fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples’ Rights.

3. A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025 constitutes a violation of her human right to fair, equitable and satisfactory conditions of work guaranteed by Article 15 of the African Charter on Human and Peoples’ Rights.

4. A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025 has exposed her to public ridicule and odium, locally and internationally, and that the said act constitutes a violation of her human right to dignity guaranteed by Article 5 of the African Charter on Human and Peoples’ Rights.

5. A declaration that, by subjecting the Applicant to an illegal and unfair investigation and trial since April 2025, the Respondent has inflicted injuries on her professional standing and image, thereby exposing her and her family to immeasurable public ridicule.

6. An order to the Respondent Republic to act immediately to prescribe the rules of procedure to govern the investigation of allegations of misconduct against the Chief Justice of the Republic of Ghana in conformity with the right to a fair hearing guaranteed by the Constitution of Ghana and the African Charter on Human and Peoples’ Rights.

7. An order directing the Respondent to lift the suspension immediately and restore the Applicant to full office until the conclusion of fair constitutional proceedings.

8. An order restraining the Respondent from continuing with the purported inquiry for the removal of the Applicant as the Chief Justice of the Republic of Ghana, in its current form, until it conforms to fair‑hearing guarantees.

9. An award of $10 million as compensation for moral and reputational damages suffered by the Applicant as a result of her illegal suspension and unfair investigation.

10. Any other relief(s) as the Honourable Court deems just.