ECOWAS Court did not rule on constitutionality of Torkonoo's removal — Kwesi Botchwey Jr
Private legal practitioner Kwesi Botchwey Jr has argued that the dismissal of former Chief Justice Gertrude Araba Esaaba Torkonoo's case by the ECOWAS Court of Justice does not settle questions surrounding the constitutionality of her removal from office.
Justice Torkornoo was removed from office by President John Dramani Mahama on September 1, 2025, after a committee established to investigate petitions against her found her culpable on allegations levelled against her.
She subsequently filed an application at the ECOWAS Court, alleging violations of her human rights during the suspension and removal processes.
The ECOWAS Court on Wednesday, June 24, dismissed all claims brought by Justice Torkornoo against the Republic of Ghana, ruling that her rights were not violated and that due process was followed.
Reacting to this, the lawyer noted that the regional court's decision was limited to allegations of human rights violations and did not address whether the process leading to the former Chief Justice's removal complied with Ghana's Constitution.
Speaking on Accra-based TV3's New Day programme on Thursday, June 25, Kwesi Botchwey stated that important constitutional issues arising from the former Chief Justice's removal remain unresolved.
"Madam Gertrude Torkornoo went to the ECOWAS Court on human rights grounds. She didn't go to the ECOWAS Court for the ECOWAS Court to determine the constitutionality or otherwise of her removal," he said.
According to him, the former Chief Justice was denied the opportunity to adequately confront her accusers during the proceedings that led to her dismissal.
He argued that concerns about fairness and due process persist despite the decision of the regional court.
Mr. Botchwey further contended that the circumstances surrounding the removal created the impression that political considerations influenced the process.
"The point remains a fact that the removal or the sequence of events leading to the removal of Madam Gertrude Torkornoo creates but one irresistible impression that the entire removal was shrouded in politics and not law. The removal was grounded in politics, and not law," he stated.
The lawyer also criticised the decision to hold the committee's sittings at a national security facility rather than within the judicial service infrastructure, describing it as one of several issues that continue to generate public concern.