Suspended Chief Justice Petitions ECOWAS Court Over Removal Proceedings

The embattled Chief Justice of Ghana, Her Ladyship Gertrude Araba Esaaba Torkornoo, has taken legal steps beyond Ghana’s borders in her quest for justice.

According to Deputy Attorney General, Justice Srem-Sai, the suspended Chief Justice has lodged a fresh suit at the ECOWAS Community Court of Justice in Abuja, Nigeria. The suit seeks relief over what she describes as an unlawful suspension and flawed removal proceedings.

Justice Torkornoo was suspended earlier this year by President John Dramani Mahama, invoking Article 146 of the 1992 Constitution.

Her suspension, however, has since become the subject of intense judicial scrutiny. The Chief Justice has already taken the matter before both the Supreme Court and the High Court of Ghana to challenge the legality of the executive action.

The ECOWAS Court application, filed on July 4, was confirmed by Justice Srem-Sai in a Facebook post dated Tuesday, July 8.

He noted that the Chief Justice’s claim is anchored on alleged violations of her human rights, particularly the right to fair administrative processes.
“Essentially, Her Ladyship contends that her suspension amounted to a de facto removal from office without a conclusive inquiry into the petitions filed against her, thereby hampering her constitutional role,” Justice Srem-Sai stated.

Meanwhile, the Attorney General’s Office is actively opposing Justice Torkornoo’s legal maneuvers. On July 1, it filed a motion at the Human Rights Division of the High Court seeking to dismiss her application for judicial review. The motion, sworn by State Attorney Reginald Nii Odoi, asserts that her submission misrepresents legal standing and omits necessary respondents, rendering it defective in law.

Meanwhile, President Mahama has reiterated his administration’s commitment to following constitutional protocols in handling the matter.

According to him, the Presidency had discharged its duties under the law and would await the findings of the committee constituted to investigate the petitions against the Chief Justice.

The suspension has sparked spirited discourse nationwide, with legal experts, civil society actors, and political parties, including the opposition NPP and the Minority in Parliament, voicing concerns about the impact on judicial autonomy and constitutional balance.
Government sources maintain that all actions taken thus far align with due process and uphold democratic governance.

 

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