The decision by Ghana’s suspended Chief Justice, Getrude Torkornoo, to pursue her case against the government at the ECOWAS Community Court of Justice in Abuja marks a significant development in a saga that has gripped the nation.1 Filed on July 4, 2025, her lawsuit alleges that her suspension and ongoing removal proceedings violate her fundamental human rights, specifically by impairing her ability to function and serve in a constitutionally appointed role without a final, lawful determination.
This move to a regional court highlights the depth of the disagreement surrounding her suspension. Chief Justice Torkornoo has consistently argued that the process initiated by the President, following petitions for her removal, deviates from the constitutional requirements for establishing a prima facie case. Her previous attempts to seek injunctive relief from Ghana’s Supreme Court were unsuccessful, with the court ruling that her application did not meet the threshold for halting the exercise of a constitutional duty.2
The ECOWAS Court’s jurisdiction over alleged human rights infractions by member states makes it a relevant forum for Chief Justice Torkornoo’s claims.3 Her case hinges on the argument that the entire removal process has flouted established legal rules and due process, thereby rendering the proceedings unconstitutional and impinging on her human rights.
The implications of this case for Ghana’s judiciary and democratic governance are profound. An independent judiciary is the bedrock of the rule of law, and any perception of political interference or procedural shortcuts in the removal of its highest officer can erode public confidence. While the government maintains adherence to the 1992 Constitution, the Chief Justice’s recourse to an external judicial body underscores the critical need for robust mechanisms to safeguard judicial independence from potential political overreach.
The ECOWAS Court’s decision, whatever it may be, will undoubtedly set a precedent. It could potentially inspire constitutional reforms, further entrench the principles of judicial independence, and shape the future trajectory of Ghana’s democracy. However, the complexity of the case, including the fact that her substantive case is still pending before Ghana’s Supreme Court, raises questions of admissibility before the ECOWAS Court. Regardless of the outcome, Chief Justice Torkornoo’s stand has thrust Ghana’s judicial integrity into the regional spotlight, demanding careful scrutiny and a commitment to upholding the highest standards of justice and due process.