The ECOWAS Community court has granted an application by former Chief Justice Gertrude Torkornoo to amend her case challenging her suspension to include her removal from office as a superior court justice and a Chief Justice.
Gertrude Torkornoo filed a lawsuit at the ECOWAS Court of Justice on July 4, 2025, alleging human rights violations regarding her April 22, 2025, suspension and demanding, among other things 10 million dollars in damages.
During the hearing on Friday, January 30, lawyers of former Chief Justice Gertrude Torkornoo, led by Femi Falana, sought permission from the ECOWAS Community Court of Justice to withdraw an earlier motion which was seeking a default judgement against the Republic of Ghana for failing to file their statement of defense.
Femi told the court that the State had subsequently filed their response, hence their application was moot.
Gertrude Torkornoo’s lawyers then notified the court of a motion to amend their earlier application challenging her suspension as Chief Justice of Ghana.
Femi Falana noted that during the pendency of the initial case, their client was removed as a judge of the Supreme Court and dismissed as the Chief Justice of Ghana.
He prayed for the court to grant the application to amend the initial case to include an application challenging her subsequent removal from office as Chief Justice.
Femi argued that hearing the application challenging the suspension of the former Chief Justice before hearing another application challenging her removal would be a waste of the court’s time.
He added that the application to amend the initial motion had been served on Ghana.
But counsel for the Republic, represented by Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application for amendment.
He argued that counsel for Gertrude Torkornoo wanted to expand the scope of the matter, which would prolong the case and cause undue delay.
Dr. Srem Sai further noted that the impression being created by the opposing counsel that continuing with the removal process of Gertrude Torkornoo is lawless, was wrong.
He indicated that an injunction application seeking to halt the removal process had earlier been dismissed by the ECOWAS Court, hence the State was within their rights to proceed with the process.
The panel of three judges then granted Gertrude Torkornoo’s application to amend the initial suit after listening to both parties and ordered the Deputy Attorney-General to file their response to the amended case within thirty days.
The case has been adjourned to a date which will be communicated to the parties.
