ECOWAS Court Allows Gertrude Torkornoo to Amend Suit to Challenge Removal as Chief Justice

The ECOWAS Court of Justice has granted an application filed by former Chief Justice of Ghana, Justice Gertrude Araba Esaaba Torkornoo, seeking to amend her ongoing case challenging her suspension to also include her removal from office as Chief Justice and as a Justice of the Supreme Court.

Justice Torkornoo originally filed the suit on July 4, 2025, alleging violations of her fundamental human rights arising from her suspension on April 22, 2025. In the suit, she is seeking several reliefs, including $10 million in damages against the Republic of Ghana.

Proceedings at the ECOWAS Court

At a hearing held on Friday, January 30, counsel for the former Chief Justice, led by renowned Nigerian human rights lawyer Femi Falana (SAN), made a number of applications before the court.

First, the legal team sought leave to withdraw an earlier motion that requested a default judgment against the Republic of Ghana for failing to file its statement of defence within the stipulated time. Falana informed the court that the State had since filed its response, rendering the motion unnecessary.

Following this, counsel for Justice Torkornoo formally notified the court of a motion to amend the original application, which initially challenged only her suspension as Chief Justice.

Grounds for Amendment

Femi Falana explained that while the initial case was pending before the court, his client had since been removed as a Justice of the Supreme Court and dismissed as Chief Justice of Ghana. He therefore urged the court to allow the amendment so that the suit could comprehensively address all actions taken against his client.

According to Falana, proceeding to hear the suspension case separately from a future case challenging her removal would be inefficient and a waste of judicial time.

He further indicated that the application to amend the suit had been properly served on the Republic of Ghana, giving the State sufficient notice.

State Opposes Amendment

However, counsel for the Republic of Ghana, Deputy Attorney-General Dr. Justice Srem-Sai, opposed the application. He argued that the amendment would broaden the scope of the original case, potentially leading to unnecessary delays in the proceedings.

Dr. Srem-Sai also rejected claims suggesting that the State acted unlawfully by proceeding with Justice Torkornoo’s removal while the case was pending. He noted that an earlier injunction application seeking to halt the removal process had been dismissed by the ECOWAS Court, thereby giving the State the legal basis to continue with the process.

Court’s Decision

After hearing arguments from both sides, the three-member panel of judges ruled in favour of Justice Torkornoo and granted the application to amend the original suit.

The court subsequently ordered the Deputy Attorney-General to file the State’s response to the amended application within 30 days.

The case has been adjourned to a later date, which will be communicated to all parties involved.

Source: 3news.com

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