Suspended Chief Justice of Ghana, Justice Gertrude Araba Esaaba Torkonoo, is now turning to regional justice, taking her case to the ECOWAS Court of Justice in Abuja. She’s suing the Ghanaian government for $10 million in damages, alleging that her suspension violated her fundamental human rights—most notably, her right to a fair hearing.
This latest legal move adds a dramatic twist to an already intense saga that has captivated Ghana’s legal and political spaces. The preliminary hearing kicked off on July 15, and it’s clear that the battle is far from over.
Fighting for Justice—and Her Job
Justice Torkonoo wants the ECOWAS Court to intervene, stop all disciplinary proceedings, and order her immediate reinstatement as Chief Justice. Her lawyers argue that the impeachment process that led to her suspension was flawed from the start: she wasn’t served properly, wasn’t given a chance to defend herself, and the disciplinary panel lacked the independence required to guarantee justice.
She’s not just seeking her old job back—she also wants $10 million for reputational and moral damage, saying the suspension has deeply scarred her image and career.
Plea for Temporary Relief
During the hearing, her legal team pushed for urgent measures, asking the court to pause the impeachment proceedings while her case is being heard. They also want her to continue enjoying the full privileges of her position until a final ruling is made.
Ghana Pushes Back
But the Ghanaian government is not backing down. Through its Attorney-General’s office, it insists that the ECOWAS Court has no jurisdiction to meddle in what it calls a strictly domestic matter governed by the Ghanaian Constitution.
Citing Article 146 of the 1992 Constitution, government lawyers argue that the process for removing a Chief Justice was properly followed and even reviewed by Ghanaian courts—five separate attempts to block the process had already been dismissed.
What Sparked This Crisis?
The controversy began earlier this year when allegations of misconduct and abuse of office were levelled against Justice Torkonoo. President John Mahama acted on a constitutional requirement and forwarded the petition to the Council of State, which then initiated an investigation. Torkonoo was suspended while that probe unfolded.
She challenged the suspension in court—without success—before escalating the matter to the ECOWAS Court, citing violations of her human rights.
Legal Community Weighs In
The move has sharply divided opinion among Ghanaian legal minds.
On 3FM, legal expert Theophilus Dzimega Junior slammed her approach, calling it desperate and constitutionally weak. “She’s scattered her legal strategy—throwing darts in every direction,” he said. Dzimega also criticised her for going public while the matter was still under investigation, saying it breached the confidentiality rules of impeachment proceedings.
“She’s hurt her own image more than anyone else has,” he added.
However, another legal voice, Christian Lebrecht Malm-Hesse, took a more balanced stance. While he agreed that the suspended Chief Justice was constitutionally allowed to seek human rights redress from ECOWAS, he still questioned her decision to speak publicly.
“You can’t cry for justice while ignoring the rules,” Malm-Hesse said, referring to constitutional silence requirements during such proceedings.
What Happens If She Wins?
If the ECOWAS Court grants her request and reinstates her, it could trigger a tense dynamic in Ghana’s judiciary. Dzimega believes her return would create an unworkable environment, especially after accusing fellow judges of bias. But Malm-Hesse is more optimistic: “Judges are professionals. If she’s reinstated, they’ll do their jobs.”
Still, both agree her legal strategy and public posture may have done lasting damage to public confidence in the judiciary. The $10 million claim, in particular, has raised eyebrows.
Waiting for a Verdict
As the ECOWAS Court considers whether to grant temporary reliefs or move forward with the case, Justice Torkonoo’s fate hangs in the balance. Will her regional legal crusade result in redemption—or deepen the crisis in Ghana’s judiciary?
For now, Ghana—and West Africa—waits.
