Chief Justice Torkornoo Demands $10 Million From Ghana For Moral and Reputational Damages in Lawsuit Filed at ECOWAS Court

Chief Justice Gertrude Torkornoo

Source: Africa Publicity

The suspended Chief Justice of Ghana, Gertrude Torkornoo, has filed a landmark lawsuit at the ECOWAS Court of Justice, demanding $10 million in compensation from the state of Ghana for alleged moral and reputational damages following her suspension from office.

 

In her extensive application, Justice Torkornoo challenges the legitimacy of her April 22, 2025 suspension by President John Dramani Mahama, describing it as a grave violation of her fundamental human rights under the African Charter on Human and Peoples’ Rights. This marks the first time in Ghana’s history that a sitting Chief Justice has been subjected to removal proceedings, placing the case under intense public and legal scrutiny.

 

The suit outlines several declarations the Chief Justice is seeking from the ECOWAS Court, including:

 

A declaration that her suspension violated her right to a fair hearing (Article 7).

 

A declaration that the investigative panel lacked the independence and impartiality required to guarantee a fair process.

 

A declaration that her right to fair, equitable, and satisfactory conditions of work (Article 15) was breached.

 

A declaration that the suspension subjected her to public ridicule and violated her right to dignity (Article 5).

 

A declaration that the ongoing investigation and trial have inflicted serious harm on her professional standing and exposed her and her family to widespread ridicule.

 

Beyond these declarations, the Chief Justice is also requesting key orders from the ECOWAS Court, aimed at restoring her rights and holding the state accountable for what she terms an “illegal and unfair process.”

 

Justice Torkornoo’s legal challenge arises from the procedure under Article 146 of Ghana’s 1992 Constitution, which governs the removal of justices of the Superior Courts. This process requires the Council of State to establish a prima facie case before a committee of inquiry is formed. President Mahama’s invocation of this article led to her suspension—a move she had previously contested in Ghana’s Supreme and High Courts.

 

Although the Supreme Court dismissed her injunction application on admissibility grounds in May 2025, the core constitutional issues surrounding the removal process remain unresolved in the domestic courts.

 

The decision to seek redress at the ECOWAS Court has ignited debate within Ghana’s legal community. Critics question whether international proceedings are premature, arguing that domestic remedies should be exhausted first. However, legal experts note that the ECOWAS Court has historically accepted cases where domestic proceedings are ongoing, so long as they are not concurrently before another international tribunal.

 

This unprecedented lawsuit—brought by the highest-ranking judicial officer in Ghana—has far-reaching implications for judicial independence, constitutional governance, and public confidence in the rule of law. The ECOWAS Court’s response could set significant precedents for how high-level state officials are held accountable under regional human rights instruments.

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