- She argues the suspension is a de facto removal without due process
- She’s already challenging the move in Ghana’s Supreme Court and High Court
- The Attorney General is seeking to dismiss her local suit, citing procedural errors
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, challenging both her suspension and the process seeking her removal from office.
The move comes as three separate petitions in Ghana are calling for her dismissal. Justice Torkornoo, who was suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution, is already contesting the matter in Ghana’s Supreme Court and High Court.
In a Facebook post dated Tuesday, July 8, Justice Srem-Sai disclosed that the new ECOWAS Court filing was submitted on July 4, with the Chief Justice arguing that the suspension effectively amounts to removal from office without a conclusive decision on the petitions.
“Her Ladyship argues that the suspension has resulted in her being prematurely removed from her constitutionally-appointed role, without due process,” Srem-Sai wrote.
Meanwhile, on July 1, the Attorney General filed a motion at the Human Rights Division of the High Court, seeking to strike out Justice Torkornoo’s judicial review application. The State’s affidavit, filed by State Attorney Reginald Nii Odoi, described the suit as legally flawed due to “a grave misstatement of capacity” and the absence of “essential parties.”
Responding publicly, President Mahama insisted that the government is following constitutional procedures, stating that the presidency has completed its part and is now awaiting the investigative committee’s report.
Justice Torkornoo’s suspension has sparked a nationwide debate, with concerns raised by legal professionals, civil society organisations, and political entities — including the opposition New Patriotic Party (NPP) and Minority in Parliament — who view the suspension as a potential threat to judicial independence.
The final outcome of the investigative committee will determine whether she is reinstated or formally removed from her position.
