Story By: Akua Oteng Amponsah
Ghana’s suspended Chief Justice, Gertrude Araba Esaaba Torkornoo, has filed a fresh application at the ECOWAS Community Court of Justice in Abuja, Nigeria.
The move seeks redress over her suspension and the process initiated for her possible removal from office.
According to Deputy Attorney General Justice Srem-Sai, the Chief Justice argues that her suspension without a conclusive determination of the petitions against her constitutes a human rights violation.
“Essentially, Her Ladyship argues that by her suspension, she has effectively been removed from her official capacity without a final determination, impairing her right to function and serve in a position she was constitutionally appointed to,” Srem-Sai stated.
The development comes amidst ongoing legal proceedings in Ghana, where three separate petitions have been filed seeking her removal. The Chief Justice has already challenged her suspension before both the Supreme Court and the High Court.
Meanwhile, the Attorney General has filed a motion at the Human Rights Division of the High Court, seeking to strike out Justice Torkornoo’s application for judicial review. The State’s affidavit claims the application contains a “grave misstatement of capacity” and fails to include “mandatory and essential parties,” making it legally defective.
President John Dramani Mahama has emphasized that his administration is adhering strictly to constitutional processes, saying the presidency had fulfilled its constitutional mandate and was now awaiting the outcome of the committee tasked with investigating the petitions.
The suspension of Justice Torkornoo has triggered a national debate, with concerns raised about its implications for judicial independence.
The final report from the investigative committee will be critical in determining whether the Chief Justice will be reinstated or permanently removed from office.
