Former CJ Torkornoo contests AG's defence at ECOWAS court
In her latest filing, Justice Torkornoo says key steps required under Article 146 of Ghana’s 1992 Constitution were not complied with when three petitions against her were handled in 2025.
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Former Ghana Chief Justice Gertrude Torkornoo has filed a formal reply at the ECOWAS Community Court of Justice in Abuja, disputing the government’s defence in her legal challenge over her removal from office.
In her latest filing, Justice Torkornoo says key steps required under Article 146 of Ghana’s 1992 Constitution were not complied with when three petitions against her were handled in 2025. She contends that neither the President nor the committee examining the petitions provided her with copies of the alleged prima facie determinations before actions were taken.
She also alleges procedural shortcomings in the committee’s work, including what she describes as incomplete hearings, adjournments without notice, and a report submitted to the President without giving her a meaningful opportunity to file or adopt written responses.
Justice Torkornoo further questions the make-up of the panel, arguing that the involvement of two justices who had previously sat on related matters offends the principle of nemo judex in causa sua.
Her reply dismisses allegations that she leaked the petitions or improperly influenced related Supreme Court proceedings. She also challenges the legality of the presidential suspension warrant issued on 22 April 2025.
Justice Torkornoo is seeking declarations that her rights were breached, restoration of entitlements, and compensation for reputational, financial and professional damage, according to reports. Her case has been prepared by Nigerian human rights lawyers Femi Falana and Funmi Falana and their team.
Ghana’s Attorney General has defended the President and Council of State, arguing they were not required to issue a detailed legal opinion when making a prima facie determination under Article 146. Deputy Attorney General Dr Justice Srem-Sai has said the step is a policy decision rather than a judicial one, and therefore should not be subject to judicial review.
Background
Justice Torkornoo was suspended on 22 April 2025 following petitions and a prima facie finding, and later removed from office on 1 September 2025 after a committee process under Article 146, according to Ghana’s presidency and international reporting.
