ECOWAS court allows former Chief Justice suit to include dismissal claims

The ECOWAS Court of Justice has approved a request by former Chief Justice Gertrude Torkornoo to expand her ongoing lawsuit to include her subsequent removal from office. The court granted the amendment in a ruling on Friday, January 30, 2026.

Justice Torkornoo initially filed the suit in July 2025, challenging her suspension from the Supreme Court in April of that year and alleging human rights violations. She had sought $10 million in damages among other reliefs.

Her legal team, led by Femi Falana, argued before the court that the amendment was necessary because circumstances had changed since the case began. Justice Torkornoo has now been dismissed from her roles as both Chief Justice and a Justice of the Supreme Court.

Counsel contended that allowing the amendment would enable the court to resolve all related issues—stemming from both the suspension and the removal—in a single proceeding, avoiding multiple lawsuits on the same matter.

The government of Ghana, represented by Deputy Attorney-General Dr. Justice Srem-Sai, opposed the application. He argued that the removal of a Chief Justice automatically ends their membership on all superior courts under Ghana’s constitution, rendering a separate legal challenge unnecessary. He also described the proposed amendment as a potential waste of the court’s time.

In its ruling, the court held that the new claims arise from the same core facts as the original suit. It stated that the amendment would prevent a multiplicity of legal actions and was therefore justified. The court granted the request and indicated that Ghana is entitled to file an amended defense within a stipulated period.

This case follows an earlier decision in which the ECOWAS court declined to issue an interim order to stop Ghana’s removal process, allowing it to proceed. The substantive hearing is expected to advance once Ghana files any amended defense.