The ECOWAS Community Court of Justice has directed the Republic of Ghana to file an amended Statement of Defence within 30 days in response to an amended application filed by former Chief Justice, Justice Gertrude Torkornoo, challenging her removal from office.
The directive was issued after a three-member panel of the regional court, presided over by Justice Sengu M. Koroma, granted an application by the former Chief Justice to amend her original claims, despite oral objections raised by the Government of Ghana.
Justice Torkornoo initially commenced the action in July 2025, at a time when she had been suspended from office, seeking reliefs relating to what she described as violations of her rights under regional and international legal instruments.
However, subsequent developments saw her removed from office in September 2025, prompting a review of the scope of her legal challenge.
Her lead counsel, Nigerian human rights lawyer Femi Falana, argued before the court that the amendment was necessary to reflect material changes in circumstances since the filing of the original suit.
He explained that the former Chief Justice was no longer only contesting her suspension, but was now challenging her dismissal as Chief Justice as well as her removal as a Justice of the Supreme Court.
Mr. Falana contended that the amended claims were essential to properly place before the court the full extent of the actions taken against his client, which he maintained occurred after the initiation of the proceedings and could not have been captured in the original statement of claim.
Opposing the application, Deputy Attorney-General of Ghana, Dr. Justice Srem-Sai, submitted that the amendment would unnecessarily delay the determination of the case.
He argued that the court was already aware, even before dismissing an earlier injunction application, that a constitutional committee had been constituted to consider petitions seeking the removal of the Chief Justice.
Dr. Srem-Sai further maintained that allowing the amendment would complicate proceedings and alter the nature of the case midstream, urging the court to dismiss the application.
After considering submissions from both parties, the court granted the former Chief Justice leave to amend her claims and ordered the Republic of Ghana to respond by filing an amended Statement of Defence within 30 days. The court also indicated that a hearing notice would be issued to the parties to fix a date for the continuation of proceedings.
