CJ Torkornoo to ECOWAS Court: My right to fair hearing breached, order Ghana to stop violation

Chief Justice of the Republic, Justice Gertrude Araba Esaaba Sackey Torkornoo, has filed two applications at the Community Court of Justice of the Economic Court of West Africa States (ECOWAS) for the enforcement of her human rights over what she says is a blatant disregard to her right for a fair hearing guaranteed by both the Ghana’s 1992 constitution and the 1991 protocol of the Community Court of Justice.

The main application and the motion for provisional measures were filed and received at the registry of the Community Court of Justice in Abuja, Nigeria, on Friday, 4 July 2025. It was filed by Femi Falana San of Falana & Falana Chambers in Nigeria, for and on behalf of the Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo.

The applications have been served on Ghana through the Minister for Justice and Attorney General. Ghana, per the rules of the Community Court of Justice, has five days to respond to the motion for provisional measures and 30 days to respond to the main application seeking the enforcement of the fundamental human rights of the Chief Justice.

*The CJ’s Contention*

Among others, the Chief Justice contends in her application that the violation of her right to fair hearing is grounded in the fact that she was not given a copy of either the supposed prima facie determination or the reasons for the making of a prima facie finding by the President before she was suspended by the President and the disciplinary committee formed.

The application further posits that the President’s purported prima facie determination, as communicated in the letter to CJ Torkornoo dated 22 April 2025, contained no reasons or justification for stating that a prima case has been established against her, and was entirely devoid of the elements of judicial or quasi-judicial reasoning expected under the Constitution.

“Fairness implies that the President, in making the prima facie determination with the Council of State, must specify the particular charges in respect of which a prima facie case is deemed to have been established and the reasons for the same.

“The President’s letter failed to do this. It simply stated that a prima facie has been found against the Applicant without more. To date, the Applicant does not know the reasons for the President stating that a prima facie case has been established against her.

“Yet a committee has been formed and is working. The President’s purported prima facie determination was no determination at all, as it failed to meet the standard of a judicious and objective assessment and, as such, was arbitrary and capricious,” the application of the Chief Justice read in part.

*Reliefs Sought*

To this end, Chief Justice Torkornoo is seeking ten reliefs from the Community Court of Justice. First is a “declaration that the suspension of the Applicant (Justice Gertrude Araba Esaaba Sackey Torkornoo) as the Chief Justice of the Republic of Ghana by the President of the Respondent’s State on 22 April 2025 violated the Applicant’s human rights to a fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples Rights

Second, “a declaration that the panel instituted by the Respondent (Ghana) to investigate and determine the allegations of misconduct against the Applicant was not constituted to guarantee its independence and impartiality and as such has violated the Applicant’s human right to fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples’ Rights.”

Third, “a declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025, constitutes a violation of her human right to fair equitable and satisfactory conditions guaranteed by Article 15 of the African Charter on Human and Peoples’ Rights.”

Fourth, “a declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025 has exposed her to public ridicule and odium locally and internationally and the said act constitutes a violation of her human right to dignity guaranteed by Article 5 of the African Charter on Human and Peoples’ Rights.”

Fifth, “a declaration that by subjecting the Applicant to an illegal and unfair investigation and trial since April 2025, the Respondent has inflicted injuries on her professional standing and image, thereby ‘exposing her and her family to immeasurable public ridicule.”

Sixth, “an order to the Respondent Republic to act immediately to prescribe the rule of procedure to govern the investigation of allegations of misconduct against the Chief Justice of the Republic of Ghana in conformity with the right to fair hearing guaranteed by the Constitution of Ghana and the African Charter on Human and Peoples’ Rights.”

Seventh, “an order directing the Respondent to immediately lift the suspension and restore the Applicant to full office until the conclusion of fair constitutional proceedings.”
Eighth, “an order restraining the Respondent from continuing with the purported inquiry for the removal of the Applicant as the Chief Justice of the Republic of Ghana in its current form, until it conforms to fair hearing guarantees.”

Nineth, “an award of USD 10 million as compensation for moral and reputational damages suffered by the Applicant as a result of her illegal suspension and unfair investigation, and lastly, “any other relief(s) as the Honourable Court deems just.”

*Precautionary measures*

In the motion for provisional measures filed alongside the main application, Chief Justice Torkornoo requested that the Court, pending its decision on the merits of the main case, assign four precautionary measures to Ghana. The measures are;

First, “that the Republic of Ghana suspend the disciplinary/ removal from office as Chief Justice process against the Applicant, pending the hearing and determination of the complaint on the merits.”

Second, “that Ghana ensures that the Applicant continues to enjoy the paraphernalia and entitlements of her office as the Chief Justice of Ghana pending the hearing and determination of the case.”

Third, “that Ghana refrains from taking any other measures that may harm the rights claimed by the Applicant and /or aggravate or extend the dispute submitted to the Court, or compromise the implementation of any decision that the Court may render.”

Fourth, “given the urgency of the situation, the Applicant respectfully requests the Court to hold a hearing on this request as soon as possible, and that the President of the Court ask Ghana to act in order to allow any order that the Court may issue on the Request for Assignment of Precautionary Measures to have its appropriate effect.”

*Background*

Chief Justice Gertrude Araba Esaaba Sackey Torkornoo was suspended from office by the President of the Republic, John Dramani Mahama, on Tuesday (22 April 2025).

The president’s actions, which are said to be grounded in Article 146 (10) of the 1992 constitution, were primarily inspired by three petitions that the president received seeking the removal of the Chief Justice from office.

A group calling itself Shining Stars of Ghana submitted the first petition to the president on 14 February 2025. Kingsley Agyei, who describes himself as the chairman and convenor of the Shining Stars of Ghana, signed the petition.

The second petition, presented to the president by Daniel Ofori, is dated Monday, March 17, 2025. The petitioner essentially states 21 allegations of misbehaviour and four allegations of incompetence, all of which relate to the Chief Justice’s discharge of her administrative roles and functions as head of the judiciary.

Assistant Commissioner of Police (ACP) Ayamga Yakubu Akolgo (Esq), a senior police officer in the Ghana Police Service stationed at the National Police Headquarters in Accra, is the third and final petitioner to submit a petition to the president for the removal of the Chief Justice from office.

Akolgo’s submission was also made on 14 February 2025. He claimed that he had been arrested while appearing before a panel that the Chief Justice was presiding over, so she should be removed from office

In a Statement to the nation on 25th June 2025, CJ Torkornoo had pointed to violation of her right to fair hearing by the Committee formed by the President refusing to serve her with a copy of the papers given to them to investigate, and refusing to recognize her lawyer after inviting him to proceedings with a hearing notice.