Prominent Lawyer Blasts ECOWAS Court Ruling on Gertrude Torkornoo's Dismissal Case
- Femi Falana criticised the ECOWAS Court for dismissing former Chief Justice Gertrude Torkornoo's human rights application
- Falana argued the court contradicted its own precedent by refusing to review the grounds of Torkornoo's removal from office
- The lawyer alleged that the inquiry panel secretly submitted its report to President Mahama weeks before scheduled closing addresses
Senior advocate Femi Falana has condemned the ECOWAS Court of Justice over its decision to throw out a human rights application filed by former Chief Justice Gertrude Torkornoo, describing the ruling as "a total departure from settled principles of law and the jurisprudence of the ECOWAS Court."
Torkornoo had approached the court seeking remedy for alleged violations of her right to dignity, her right to work, and her right to a fair hearing, all arising from her removal from office as Ghana's Chief Justice.
Source: Facebook
At the centre of Falana's objection is the court's reasoning that examining the basis of Torkornoo's dismissal would constitute interference in Ghana's domestic affairs.
According to a report sighted on GhanaWeb, the legal representative argued this position directly contradicts how the court has previously handled similar cases.
"The court claimed that it could not look at the reasons advanced for sacking her because that would amount to interfering in the domestic affairs of Ghana," Falana stated
He added that in earlier proceedings involving judicial removals in Nigeria, The Gambia, and Liberia, the court had actively examined whether disciplinary procedures were consistent with due process standards.
Falana maintained that the allegations levelled against Torkornoo did not reach the threshold required to justify her removal.
He further raised concerns about the composition of the committee that handled her case, arguing that two of its justices sat "as judges in their own cause," a situation he characterised as fundamentally compromising the integrity of the process.
Allegations of procedural breach
Beyond the composition concerns, Falana alleged a serious breach of fair hearing principles during the inquiry proceedings.
According to him, the panel quietly submitted its report to President John Mahama on September 1, 2025, several weeks before the scheduled closing addresses were due to take place.
He argued this rendered the entire process procedurally defective, as the conclusions were effectively finalised before Torkornoo's side had completed its submissions.
Falana indicated his intention to challenge the ruling further, framing the ECOWAS Court's decision as one that undermines the regional body's established role in scrutinising the conduct of member states in matters touching on judicial independence and due process.
Supreme Court dismisses Torkornoo's removal cases
Earlier, YEN.com.gh reported that a seven-member Supreme Court panel unanimously dismissed consolidated suits challenging former Chief Justice Gertrude Torkornoo's removal.
The suits were filed by Tafo MP Vincent Assafuah, private citizen Theodore Atta Quartey, Torkornoo herself, and a civil society organization.
The ECOWAS Court of Justice had also dismissed all claims filed by Torkornoo against Ghana on June 24, 2026, exhausting all legal avenues.
Source: YEN.com.gh
