The ECOWAS Court of Justice on Thursday, 30 January 2026, granted an application by Justice Gertrude Torkornoo to amend her case against the Republic of Ghana, allowing her to formally ask the Court to reverse her removal as Chief Justice and as a Justice of the Supreme Court.
The amendment comes after the completion of the work of the Pwamang Committee, the submission of its recommendations, and the President’s decision to act on those recommendations by removing Justice Torkornoo from office. These developments occurred after her original case had already been filed before the ECOWAS Court.
Why the Case Was Amended
Justice Torkornoo, represented by Mr. Femi Falana, SAN, a well-known practitioner before the ECOWAS Court, asked the Court for permission to update her claims to reflect what has now happened. Her legal team argued that it would be unfair and impractical to force her to start an entirely new case when the new issues arise from the same dispute already before the Court.
Mr. Falana urged the Court to accept the amended application, which had already been filed at the Court’s Registry, and treat it as properly filed in the interest of justice. He explained that the amendment directly challenges the legality of Justice Torkornoo’s suspension and removal, which are central to the matter.
Ghana’s Objection
The application was opposed by the Deputy Attorney-General of Ghana, Hon. Dr. Justice Srem-Sai. He argued that the amendment went beyond the original claims and sought to introduce new reliefs based on later events. According to him, allowing the amendment would amount to an abuse of the Court’s process, and he asked the Court to dismiss the application.
The Court’s Decision
In a brief ruling, the ECOWAS Court unanimously rejected Ghana’s objection and granted Justice Torkornoo’s application. The Court held that refusing the amendment would likely lead to multiple lawsuits arising from the same issue, which the law seeks to avoid.
The Court also directed the Republic of Ghana to amend its defence within 30 days from 30 January 2026 to respond to the new claims.
What Justice Torkornoo Is Now Asking For
Following the amendment, Justice Torkornoo is asking the ECOWAS Court to declare, among other things, that:
- Her suspension and removal as Chief Justice violated her right to a fair hearing under the African Charter on Human and Peoples’ Rights.
- The panel set up to investigate allegations against her was not properly constituted to guarantee independence and impartiality.
- Her suspension and removal violated her right to work, dignity, and fair conditions of service.
- The process exposed her to public ridicule locally and internationally, damaging her reputation and professional standing.
- The refusal to give her the reports relied on by the President and the investigative committee violated her right to information.
She is also asking the Court to order Ghana to:
- Immediately lift her removal and restore her as Chief Justice.
- Restore her as a Justice of the Supreme Court.
- Release all reports connected to the proceedings against her.
In addition, she is seeking an award of USD 10 million as compensation for moral and reputational damage.
The Court’s decision does not determine whether Justice Torkornoo’s removal was lawful. Instead, it clears the way for the Court to fully examine the suspension, removal, and the process leading to those decisions under regional human rights law.
As Ghana prepares its amended defence, the case now moves closer to a full hearing on the merits, where the ECOWAS Court will be asked to decide whether Justice Torkornoo’s rights were violated and whether she should be restored to office.
