Due process was observed in removal of Justice Torkonoo as Ghana's Chief Justice — ECOWAS Court dismisses petition
The ECOWAS Community Court of Justice has dismissed all claims brought by former Chief Justice Gertrude Esaaba Torkornoo against the Republic of Ghana over the process that led to her removal from office.
Justice Torkornoo was removed from office on September 1, 2025, by President John Dramani Mahama after a committee established to investigate petitions against her found her culpable on allegations brought against her following her earlier suspension.
She filed an application at the ECOWAS Court challenging her earlier suspension and subsequent removal from office, citing human rights violations.
However, in its ruling on Wednesday, June 24, the regional court ruled that Ghana did not violate any of the former Chief Justice's rights and held that due process was followed throughout the proceedings that culminated in her dismissal.
Deputy Attorney General and Minister for Justice, Dr. Justice Srem Sai, announced the decision in a social media post on Wednesday, June 24, describing the judgment as a complete victory for the Republic.
"The ECOWAS Community Court has, a while ago, dismissed all of the seven claims which the former Chief Justice, Her Ladyship, Justice Gertrude Torkornoo, brought against our beloved Republic," Dr. Srem Sai wrote.
Justice Torkornoo had challenged the legality of her suspension and subsequent removal, alleging violations of her rights during proceedings conducted by the committee established to investigate petitions against her.
She also sought damages of $10 million, claiming among other things that her suspension was arbitrary, that she had been subjected to undignified treatment, and that the proceedings violated her right to fair hearing.
However, the ECOWAS Court rejected all seven claims.
The court held that the suspension of the former Chief Justice did not violate her right to work and found that her removal was not arbitrary.
According to the court, due process was observed during the proceedings, while the measures adopted to secure the hearings were lawful and proportionate.
The court further dismissed her argument that she remained a member of the Supreme Court, Court of Appeal and High Court after her removal as Chief Justice, holding that those memberships flowed directly from her position as head of the judiciary.
The judges also found no merit in her complaints regarding the committee's decision to focus on one petition instead of all three petitions submitted against her.
On her claim for damages, the court ruled that no compensation was warranted.
"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,'" Dr. Srem Sai stated.