The Community Court of Justice of the Economic Community of West African States (ECOWAS) has dismissed all seven claims brought by former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo against the Republic of Ghana, delivering a sweeping legal victory for the state in a case that has drawn intense regional attention.
Delivering its ruling on [date], the three-member panel presided over by [Justice’s name] held that Ghana had not violated any of the applicant’s rights under the African Charter on Human and Peoples’ Rights, as alleged in her suit. Consequently, the Court declined to award any reparations, including the US$10 million in moral and reputational damages the former Chief Justice had sought.
“In light of the Court’s conclusions that Ghana has not violated any of the Applicant’s rights under the African Charter as alleged, the Court makes no decision on reparations,” the ruling stated, effectively shutting down the former Chief Justice’s demand for financial compensation.
Background of the Case
Justice Torkornoo originally filed the suit on July 4, 2025, at the ECOWAS Community Court in Abuja, Nigeria, following her suspension by President John Dramani Mahama on April 22, 2025. The suspension was premised on petitions alleging misbehavior and misuse of public funds, triggering proceedings under Article 146 of Ghana’s 1992 Constitution.
The former Chief Justice later amended her case to reflect her formal removal from office in September 2025. In her application, she alleged that her suspension and subsequent removal violated her fundamental human rights to dignity, fair hearing, fair conditions of work, and access to information, as enshrined in Articles 5, 7, 9, and 15 of the African Charter on Human and Peoples’ Rights.
Among the reliefs she sought were:
· A declaration that her suspension and removal were unconstitutional and violated her rights;
· An order for her immediate reinstatement as Chief Justice;
· An order halting the removal proceedings against her; and
· An award of US$10 million in compensation for moral and reputational damages.
Ghana’s Robust Defence
The Republic of Ghana, represented by a formidable team of State Attorneys led by the Attorney General and Deputy Attorney General Dr. Justice Srem-Sai, mounted a rigorous defence against the former Chief Justice’s claims.
In its amended Statement of Defence filed on March 24, 2026, the state urged the ECOWAS Court to dismiss the application in its entirety. The government argued that Justice Torkornoo was afforded a fair hearing in accordance with due process throughout the constitutional removal proceedings, and that no violation of her rights under the African Charter had occurred.
The state further contended that the ECOWAS Court lacked jurisdiction to entertain the matter, given that parallel proceedings were pending before Ghana’s Supreme Court and High Court. However, the Court had previously dismissed that preliminary objection, ruling that it possessed jurisdiction to hear human rights claims brought before it.
Court’s Reasoning
The ECOWAS Court, after extensive deliberations, found that the former Chief Justice had failed to establish any violation of her rights under the African Charter. The judges noted that the removal proceedings against her had been conducted in accordance with Ghanaian law and that she had been afforded adequate opportunity to be heard.
The Court’s dismissal of all seven claims represents a complete vindication of Ghana’s position and a rejection of the former Chief Justice’s allegations of arbitrariness and lack of transparency.
Reaction and Implications
The ruling has been hailed as a significant victory for Ghana’s judicial sovereignty and the rule of law. The team of State Attorneys, who invested countless hours of research and legal analysis in support of the Republic’s defence, have been widely commended for their meticulous preparation and presentation.
Legal observers note that the dismissal of the claims, particularly the US$10 million damages demand, reinforces the principle that regional courts will not lightly interfere with domestic constitutional processes where due process has been observed.
The ECOWAS Community Court’s decision brings to a close a legal battle that began over a year ago, when Justice Torkornoo became the first sitting Chief Justice in Ghana’s history to face removal proceedings and respond with regional legal action.
As the legal dust settles, the ruling stands as a testament to the robustness of Ghana’s constitutional framework and the effectiveness of its legal representation at the regional level.
