Suspended Chief Justice drags Ghana to ECOWAS court
Deputy Attorney General Justice Srem-Sai has revealed that suspended Chief Justice Gertrude Araba Esaaba Torkornoo has filed a fresh application at the ECOWAS Community Court of Justice in Abuja, Nigeria.
The application, submitted on July 4, seeks redress over her recent suspension and the constitutional process initiated for her possible removal from office.
It marks a new chapter in the legal battle surrounding her position, even as related proceedings continue in Ghana.
Justice Torkornoo was suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution, following three separate petitions seeking her removal. She has since challenged the suspension in both the Supreme Court and the High Court.
In a Facebook post on Tuesday, July 8, Justice Srem-Sai disclosed that the Chief Justice is now appealing to the ECOWAS Court on grounds of human rights violations, arguing that her suspension effectively amounts to removal without a conclusive determination of the petitions against her.
“Essentially, Her Ladyship argues that by her suspension, 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,” the deputy attorney general explained.
Meanwhile, on July 1, the Attorney General filed a motion at the Human Rights Division of the High Court to strike out Justice Torkornoo’s application for judicial review.
The State’s affidavit, sworn by State Attorney Reginald Nii Odoi, contends that the application contains “a grave misstatement of capacity” and omits “mandatory and essential parties,” rendering it legally defective.
President Mahama has maintained that the government is following constitutional procedures.
Speaking recently on the matter, he stated that the presidency had fulfilled its constitutional mandate and is now awaiting the outcome of the investigative committee reviewing the petitions.
