Chief Justice, Justice Gertrude Torkornoo, has proceeded to the ECOWAS Community Court in Abuja, Nigeria seeking compensation worth $10 million over her suspension from office by His Excellency President John Dramani Mahama.

This forms part of 10 reliefs being requested. The Chief Justice's recent suit follows several unsuccessful cases at the Supreme Court this year after her suspension.

Deputy Attorney-General and Minister for Justice, Justice Srem Sai, in a post on X dated July 8, revealed that the case was filed on July 4.

Justice Torkornoo was suspended on Tuesday, April 22, by President John Dramani Mahama following the establishment of a prima facie case based on separate petitions calling for her removal.

The action was in accordance with Article 146(6) of Ghana’s 1992 Constitution and comes after consultations with the Council of State.

However, the Chief Justice notes that the president's purported prima facie determination contained no reasons or justification and was entirely devoid of the elements of judicial or quasi-judicial reasoning expected under the Constitution.

She thus wants the ECOWAS Court to declare that the suspension of the Applicant (Justice Gertrude Araba Esaaba Sackey Torkornoo) as the Chief Justice of the Republic of Ghana by the President of the Respondent’s State on 22 April 2025 violated the Applicant’s human rights to a fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples Rights.

The other reliefs are as follows;

“A declaration that the panel instituted by the Respondent (Ghana) to investigate and determine the allegations of misconduct against the Applicant was not constituted to guarantee its independence and impartiality and as such has violated the Applicant’s human right to fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples’ Rights.”

“A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025, constitutes a violation of her human right to fair equitable and satisfactory conditions guaranteed by Article 15 of the African Charter on Human and Peoples’ Rights.”

"A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025 has exposed her to public ridicule and odium locally and internationally and the said act constitutes a violation of her human right to dignity guaranteed by Article 5 of the African Charter on Human and Peoples’ Rights.”

“A declaration that by subjecting the Applicant to an illegal and unfair investigation and trial since April 2025, the Respondent has inflicted injuries on her professional standing and image, thereby ‘exposing her and her family to immeasurable public ridicule.”

“An order to the Respondent Republic to act immediately to prescribe the rule of procedure to govern the investigation of allegations of misconduct against the Chief Justice of the Republic of Ghana in conformity with the right to fair hearing guaranteed by the Constitution of Ghana and the African Charter on Human and Peoples’ Rights.”

“An order directing the Respondent to immediately lift the suspension and restore the Applicant to full office until the conclusion of fair constitutional proceedings.”

“An order restraining the Respondent from continuing with the purported inquiry for the removal of the Applicant as the Chief Justice of the Republic of Ghana in its current form, until it conforms to fair hearing guarantees.”

“An award of USD 10 million as compensation for moral and reputational damages suffered by the Applicant as a result of her illegal suspension and unfair investigation, and lastly,

“Any other relief(s) as the Honourable Court deems just.”

The applicant has also requested the ECOWAS Court to assign four precautionary measures to the country.

The suspended Chief Justice wants the court to ensure she continues to enjoy the paraphernalia and entitlements of her office as the Chief Justice of Ghana pending the hearing and determination of the case.

The measures are;

“That the Republic of Ghana suspend the disciplinary/ removal from office as Chief Justice process against the Applicant, pending the hearing and determination of the complaint on the merits.”

“That Ghana refrains from taking any other measures that may harm the rights claimed by the Applicant and /or aggravate or extend the dispute submitted to the Court, or compromise the implementation of any decision that the Court may render.”

“Given the urgency of the situation, the Applicant respectfully requests the Court to hold a hearing on this request as soon as possible, and that the President of the Court ask Ghana to act in order to allow any order that the Court may issue on the Request for Assignment of Precautionary Measures to have its appropriate effect.”

President Mahama set up a five-member committee to probe her removal petitions, including Justice Gabriel Scott Pwamang—Supreme Court Justice (Chairman), Justice Samuel Kwame Adibu-Asiedu—Supreme Court Justice, Daniel Yaw Domelevo—Former Auditor-General Major Flora Bazwaanura Dalugo, Ghana Armed Forces Representative Prof. James Sefah Dzisah, and Associate Professor at the University of Ghana.

Justice Gertrude Torkornoo has reiterated allegations of unconstitutionality with regard to the process of her removal, as well as infringement of her rights during the hearing by the committee set up by the president.

She submitted a supplementary affidavit, but the Supreme Court on May 28 dismissed the affidavit filed on May 26, where the suspended Chief Justice made allegations of rights abuse by the committee.

The suspended Chief Justice wants Justice Gabriel Scott Pwamang, who has been named Acting Chief Justice, from presiding as Chairman of the commitee or participating in the proceedings of the committee set up to inquire into the petitions against her.

Meanwhile, the government's spokesperson, Felix Kwakye Ofosu, has refuted claims made by Justice Torkornoo, noting that the Chief Justice's suspension aligns with the constitution.