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Suspended Chief Justice Sues Gov’t at ECOWAS Court

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Suspended  Chief Justice Gertrude Torkornoo has filed a lawsuit against the government of Ghana at the ECOWAS Community Court of Justice in Abuja, Nigeria, alleging that her suspension constitutes a violation of her fundamental human rights.

The move was disclosed by Ghana’s Deputy Attorney General, Dr. Justice Srem Sai, in a post on X (formerly Twitter), where he confirmed that the case was lodged on July 4. The Chief Justice claims her removal from active duty, absent a final judicial ruling, has effectively ousted her from her constitutional role.

“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,” Dr. Srem Sai stated.

Justice Torkornoo’s complaint to the regional tribunal mirrors legal arguments she has already raised before Ghana’s own courts, where she has challenged both the suspension process and the composition of a committee tasked with investigating her conduct.

Her suspension was ordered by President John Dramani Mahama in June, following a review of three petitions alleging “stated misbehavior.” Acting on the advice of the Council of State, the president found a prima facie case and moved to suspend her from office pending a formal inquiry.

A five-member committee, led by Supreme Court Justice Gabriel Pwamang, was convened to investigate the allegations. The panel includes Justice Samuel Kwame Adibu-Asiedu of the Supreme Court, former Auditor-General Daniel Yao Domelevo, Major Flora Bazaanura Dalugo of the Ghana Armed Forces, and academic Professor James Sefah Dzisah.

Justice Torkornoo has denied any wrongdoing, maintaining that the claims either lack legal foundation under Article 146 of the Constitution or had previously been dismissed. On May 21, she petitioned Ghana’s Supreme Court for an injunction to halt the inquiry and objected to certain committee members over perceived bias.

The ECOWAS Court, which adjudicates human rights cases within the West African bloc, is expected to determine whether Ghana’s actions breached the Chief Justice’s rights under regional protocols.

The case adds a new layer of legal and political complexity to what is already an unprecedented constitutional standoff in Ghana’s judiciary.

Source:TheDotNews

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