ECOWAS Court Approves Expansion of Torkornoo’s Suit to Include Dismissal as Chief Justice
The ECOWAS Court of Justice has granted an application filed by Justice Gertrude Torkornoo to amend her pending case to reflect her removal from office as Chief Justice and Justice of the Supreme Court.
The decision was delivered after the court heard submissions from legal representatives of both parties during proceedings held on Friday, January 30, 2026. In its ruling, the court held that allowing the amendment would help avoid multiple legal actions arising from the same set of facts.
Justice Torkornoo initially filed the suit at the ECOWAS Court on July 4, 2025, challenging her suspension from office on April 22, 2025. She alleged violations of her human rights under regional and international legal instruments and sought several reliefs, including compensation of 10 million dollars.
During the hearing on the amendment application, counsel for Justice Torkornoo, led by Nigerian human rights lawyer Femi Falana, explained that at the time the original suit was filed, the applicant had only been suspended and was facing a possible removal. However, circumstances had since changed following her dismissal as Chief Justice and as a Justice of the Supreme Court.
Counsel argued that the amendment was necessary to reflect these developments and would allow the court to determine all issues connected to both the suspension and subsequent removal in a single action. They further submitted that without the amendment, Justice Torkornoo would be compelled to initiate a separate suit based on the same facts.
Ghana, represented by Deputy Attorney General Dr Justice Srem Sai, opposed the application. He argued that the proposed amendment was unnecessary and founded on a misunderstanding of Ghana’s constitutional structure. According to him, the removal of a Chief Justice automatically terminates the individual’s membership in all superior courts, including the Supreme Court, without the need for any additional process.
He further contended that permitting the amendment would amount to an inefficient use of the court’s time, as the issues sought to be introduced lacked substantive merit.
In its ruling, the ECOWAS Court rejected the objection and held that the issues raised in the amended application were directly connected to the original claim. The court concluded that the amendment was justified and necessary to prevent a multiplicity of actions.
The court accordingly granted the application and noted that Ghana, as the respondent, is entitled under the court’s rules to file an amended defence within the prescribed time.
Justice Torkornoo’s case follows her suspension from office and her subsequent removal, which she claims violated her rights. Earlier, the ECOWAS Court dismissed her application for interim measures seeking to halt the removal process, thereby allowing it to proceed. In that ruling, the court ordered the Attorney General to file a response to the substantive case within thirty days.
