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The ECOWAS Court of Justice today, 30th January, 2026 has heard and granted an application for the amendment of the Application of Justice Gertrude Torkornoo adding new claims of reversal of her removal as Chief Justice of the Republic of Ghana.
Owing to the completion of the work of the Pwamang Committee, its recommendation and the execution of the said recommendation by her removal by the President of the Republic of Ghana, Justice Torkornoo through her renowned lawyer in ECOWAS Court practice, Mr. Femi Falana, Senior Advocate of Nigeria filed a motion to inlude in her reliefs orders directed at Ghana for the reversal of her removal as a Justice of the Supreme Court and the Chief Administrator of the Judiciary of Ghana.
In moving the application, Mr Falana prayed the Court to grant the amendment application and to deem the amendment which had already been filed at the Registry of the ECOWAS Court properly filed in the interest of justice. Mr. Falana submitted to the Panel of the Court that the amendment of the application has challenged the legality of the removal of the Applicant as Chief Justice and a Justice of the Supreme Court.
Srem-Sai demurs
The learned Deputy Attorney-General of the Republic of Ghana, Hon. Dr. Justice Srem-Sai opposed the application for amemdment. He argued that the amendment of the Chief Justice operates to expand her initial reliefs. He submitted to the Court that the amendment of the initiating process of the Chief Justice already filed with the court constitutes an abuse of court's machinery. He thus urged the Court to dismiss the application seeking to rope in events of her removal.
In their terse ruling, the ECOWAS Court of Justice unanimously upheld Mr. Falana's submission and proceeded to grant the application on the ground that a refusal would lead to a multiplicity of actions which may arise from the same matter before the Court.
The new reliefs
Pursuant to the order for amendment, the ECOWAS Court gave the Respondent the opportunity to amend its defence within 30 days from today, 30th January, 2026. The new reliefs sought by Her Ladyship Torkornoo are as follows:
"A. A DECLARATION that the suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent's State on April 22, 2025 violated the Applicant's human rights to fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples Rights.
B. A DECLARATION that the panel instituted by the Respondent to investigate and determine the allegations of misconduct against the Applicant was not constituted to guarantee its independence and impartiality and as such has violated the Applicant's human right to fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples' Rights.
C. A DECLARATION that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on April 22, 2025 constitutes a violation of her human right to fair equitable and satisfactory conditions guaranteed by Article 15 of the African Charter on Human and Peoples' Rights.
D. A DECLARATION that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on April 22, 2025 has exposed her to public ridicule and odium locally and internationally and the said act constitutes a violation of his human right to dignity guaranteed by Article 5 of the African Charter on Human and Peoples' Rights.
E. A DECLARATION that by subjecting the Applicant to an illegal and an unfair investigation, the Respondent has inflicted injuries on her professional standing and image, thereby exposing her and her family to immeasurable public ridicule contrary to Article 5 of the African Charter on Human and Peoples' Rights.
F. A DECLARATION that the purported removal of the Applicant as Chief Justice of the Respondent violates her human rights to fair hearing and work guaranteed by articles 7 and 15 of the African Charter on Human and Peoples Rights.
G. A DECLARATION that the refusal of the Respondent to give the report which formed the President's prima facie determination and the report of the Committee which investigated the Applicant to her constitutes a violation of article 9 of the African Charter on Human and Peoples Rights.
H. AN ORDER directing the Respondent to immediately lift the removal and restore the Applicant to the office of the Chief Justice forthwith.
I. AN ORDER directing the Respondent to immediately lift the removal and restore the Applicant as a Justice of the Supreme Court of Ghana forthwith.
J. AN ORDER directing the Respondent to make available to the Applicant the report which formed the President's prima facie determination and the report of the Committee which investigated which investigated the petitions against her.
K. AN ORDER award of USD 10,000,000.00 (Ten Million Dollars) as compensation for moral and reputational damages suffered by applicant.
L. Any other relief(s) as the Honourable Court deemed just."
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