Suspended Chief Justice sues Ghana for $10m at ECOWAS Court
Suspended Chief Justice Gertrude Araba Esaaba Torkornoo has filed a USD10 million lawsuit against the Government of Ghana at the ECOWAS Court of Justice, alleging violations of her human rights and seeking compensation for reputational and moral harm.
This marks the first time in Ghana’s history that a sitting Chief Justice has taken legal action at a regional court over suspension by a sitting president.
Justice Torkornoo was suspended on April 22, 2025, by President John Dramani Mahama, following the establishment of an investigative committee to consider a petition for her removal.
She argues that the entire process was flawed, unlawful, and violated her rights under the African Charter on Human and Peoples’ Rights, to which Ghana is a signatory.
According to filings submitted to the ECOWAS Court in Abuja, the Chief Justice is requesting several declarations and orders, including the following: that her right to a fair hearing under Article 7 of the African Charter was violated and that the investigative panel lacked independence and impartiality.
That the suspension infringed on her right to dignity and equal conditions of work and that she and her family suffered public ridicule and professional damage, eroding her reputation both at home and abroad
In addition to these declarations, she is demanding USD10 million in damages from the Government of Ghana for moral injury, reputational damage, and the psychological toll caused by the suspension process.
Legal sources say Justice Torkornoo’s legal team contends that the Supreme Court’s dismissal of her injunction application effectively denied her access to timely justice, leaving the ECOWAS Court as the only available recourse.
While some legal scholars have questioned whether all domestic options have been fully exhausted, others argue that ECOWAS jurisprudence permits individuals to seek regional remedies when national mechanisms fail to offer effective redress, especially in matters involving constitutional rights and the protection of public officeholders.
Civil society groups have raised concerns, warning that the suspension of the Chief Justice without what they consider proper due process could undermine public trust in Ghana’s democratic institutions. The Mahama administration has defended the suspension as lawful and constitutionally grounded, stating that disciplinary proceedings are permitted for public officials accused of misconduct. However, the government has yet to issue a formal response to the ECOWAS lawsuit.
