Ghana asks ECOWAS court to throw out Torkornoo case

The Ghanaian government has formally asked the ECOWAS Community Court of Justice to reject the case brought by former Chief Justice Gertrude Sackey Torkornoo over her suspension and removal from office.

In an amended statement of defence filed on 24 March and later adopted by the court on 25 March, the Republic of Ghana, acting through the Attorney General, urged the regional court to dismiss the action in full.

Justice Torkornoo is seeking relief at the ECOWAS court after challenging the constitutional process that led first to her suspension and later to her removal on grounds of stated misbehaviour.

Ghana’s latest filing is a response to changes she made to her original application. She first went to the ECOWAS court in July 2025, before her removal, and later revised her case in December following her dismissal in September that year.

In its defence, the state argues that the application should either be declared inadmissible or, alternatively, found to be without merit. Its central position is that the former Chief Justice was given a fair hearing and due process throughout the constitutional proceedings that led to her removal.

The government is also asking the court to rule that there was no breach of her rights under the African Charter on Human and Peoples’ Rights.

Specifically, Ghana wants the court to hold that her right to fair hearing and due process under Article 7 was not violated. It is also asking for declarations that there was no infringement of her right to information under Article 9, no breach of her right to dignity and protection from arbitrary treatment under Article 5, and no violation of her right to work under Article 15.

The final relief sought by the Republic is a complete dismissal of the application.

The amended defence was signed by Deputy Attorney General Dr Justice Srem-Sai, who is representing the state in the matter.