Inside Gertrude Torkornoo’s Failed ECOWAS lawsuit: The $10M Compensation and Reinstatement Demands
- The ECOWAS Court of Justice has dismissed a human rights lawsuit filed by former Chief Justice Gertrude Torkornoo
- She had sought $10 million in damages and reinstatement, alleging violations of her right to a fair hearing and reputational harm
- The court ruled that her application failed to meet the threshold for urgent intervention, citing delays that undermined claims of irreparable harm
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The Community Court of Justice of the Economic Community of West African States (ECOWAS) has dismissed a human rights lawsuit filed by the former Chief Justice of Ghana, Justice Gertrude Araba Esaaba Sackey Torkornoo.
The application, which was submitted through her legal representatives, challenged her suspension and subsequent removal from office by President John Dramani Mahama.
Source: Facebook
Justice Torkornoo contended that the actions of the state violated her fundamental human rights, and she sought substantial financial compensation alongside structural legal mandates before the regional court rejected her claims.
In her lawsuit, the former Chief Justice requested that the regional court award her a significant financial payout from the Republic of Ghana.
According to a report by GhanaWeb, Justice Torkornoo requested an "order award of USD 10,000,000.00 as compensation for moral and reputational damages suffered by applicant."
According to the filed processes, Justice Torkornoo argued that the state's actions had inflicted severe harm upon her professional status and standing.
She claimed that the administrative processes used against her had exposed her and her family to immense public ridicule, both domestically and internationally.
Beyond financial damages, Justice Torkornoo pursued legal reliefs aimed at reversing her exit from the judiciary.
Her application requested specific interventions to nullify the state's decisions and restore her status.
She sought an "Order directing the Respondent to immediately lift the removal and restore the Applicant to the office of the Chief Justice forthwith," as well as an "Order directing the Respondent to immediately lift the removal and restore the Applicant as a Justice of the Supreme Court of Ghana forthwith."
Torkornoo's legal teams challenges Ghana's approach
The legal challenge heavily criticised the procedural steps taken by the Ghanaian government during her suspension and subsequent investigation. Justice Torkornoo alleged that her right to a fair hearing had been fundamentally breached.
Specifically, she sought a declaration that her suspension on 22 April 2025 "violated the Applicant's human rights to fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples Rights."
She asserted that she was never provided with the reasons or justification that led the President to conclude a prima facie case had been established against her.
Furthermore, she targeted the panel formed to review the petitions against her, seeking a declaration that "the panel instituted by the Respondent to investigate and determine the allegations of misconduct against the Applicant was not constituted to guarantee its independence and impartiality."
Despite the extensive reliefs outlined by the former Chief Justice, the ECOWAS Court ultimately threw out the application.
The panel of judges ruled that the application failed to meet the essential criteria required for the court to grant the provisional and interim interventions requested.
The regional court highlighted that the applicant’s own timing and conduct undermined the arguments of facing imminent or irreparable harm, noting a failure to show the urgent circumstances needed to justify the legal action months after the suspension had occurred.
Mahama to appoints Gertrude Torkornoo?
Meanwhile, YEN.com.gh reported earlier that Sophia Akuffo's resignation from the Council of State had created a challenge for President Mahama in selecting her successor.
The Ghanaian Constitution mandates that a former Chief Justice serve on the Council of State.
Gertrude Torkonoo's candidacy had become interesting because of her contentious history with the Mahama administration.
Source: YEN.com.gh
