The ECOWAS Community Court of Justice has granted former Chief Justice Gertrude Torkornoo to amend her case to challenge her dismissal from office.
The approval follows a ruling that was delivered on Friday, January 30, after the court considered submissions from lawyers representing Madam Torkornoo and the State. The decision allows the former Chief Justice to consolidate her claims into one suit, instead of pursuing separate actions.
Madam Torkornoo initially filed the case on July 4, 2025, accusing the State of violating her human rights following her suspension on April 22, 2025. In the suit, she is also demanding US$10 million in damages.
At the hearing, her legal team, led by Nigerian human rights lawyer Femi Falana, first applied to withdraw an earlier motion seeking a default judgment against Ghana for failing to file a statement of defence. Falana explained that the application had become redundant since the State had subsequently complied by submitting its response.
He then informed the court that significant developments had occurred since the filing of the original suit. According to him, Madam Torkornoo had, during the pendency of the case, been removed as a Justice of the Supreme Court and dismissed as Chief Justice of Ghana.
Falana argued that proceeding to hear the suspension matter alone, while a separate action would later be required to contest the removal, would amount to an inefficient use of the court’s time. He therefore urged the court to allow an amendment of the original application to include the later actions taken against his client. He added that the amended application had already been served on the Republic of Ghana.
The State opposed the request. Deputy Attorney-General Dr Justice Srem-Sai told the court that the proposed amendment would broaden the scope of the case and unnecessarily prolong the proceedings. He further dismissed claims that the removal process was unlawful, pointing out that the ECOWAS Court had earlier rejected an injunction application aimed at stopping the process.
After reviewing arguments from both sides, the three-member panel ruled in favour of the former Chief Justice and granted leave for the amendment. The court subsequently ordered the Republic of Ghana to file its response to the amended suit within 30 days.
Proceedings have been adjourned, with the court indicating that a new date will be communicated to the parties.
