The ECOWAS Court of Justice has approved a request by former Chief Justice Gertrude Torkornoo to amend her case challenging her suspension to also include her removal from office as a Supreme Court Justice. The ruling followed arguments from both parties during proceedings held on Friday, January 30, 2026.
The court noted that allowing the amendment would prevent multiple legal actions arising from the same set of facts.
Justice Torkornoo initially filed her suit at the ECOWAS Court of Justice on July 4, 2025, alleging human rights violations related to her suspension on April 22, 2025, and seeking, among other remedies, $10 million in damages.
During the hearing, her legal team, led by Femi Falana, explained that when the original application was filed, Justice Torkornoo had been suspended and faced possible removal. Since then, she has been dismissed as both Chief Justice and Supreme Court Justice. Counsel argued that the amendment was necessary to allow the court to address all issues arising from her suspension and removal in a single proceeding, rather than requiring a separate case.
The application sought recognition of the amended initiating process as properly before the court.
Ghana, represented by Deputy Attorney-General Dr. Justice Srem-Sai, opposed the amendment, describing it as unnecessary and based on a misunderstanding of the country’s constitutional framework. He argued that removal from the office of Chief Justice automatically ends membership of all superior courts, including the Supreme Court, and thus requires no separate proceedings. He further contended that allowing the amendment would waste the court’s time, as the proposed issues lacked merit.
In its ruling, the ECOWAS Court held that the matters raised in the amended application stemmed from the same circumstances as the original suit and that the amendment was justified to avoid multiple actions.
Earlier, the court had dismissed Justice Torkornoo’s request for interim measures to halt Ghana’s removal process, allowing it to proceed. In that ruling, the court directed the Attorney-General to submit a response to the substantive application within 30 days.
The case is expected to move to the substantive hearing after Ghana files any amended defence. The court confirmed that the respondent is entitled, under its rules, to submit an amended defence within the stipulated timeframe.
Justice Torkornoo initially brought the action following her suspension, alleging violations of her rights under regional and international human rights instruments.
