Torkornoo's lawyer details grounds for possible appeal in ECOWAS Court ruling

Femi Falana, counsel for former Chief Justice Gertrude Torkornoo, has outlined the legal arguments he believes would have formed the basis of an appeal if the ECOWAS Court of Justice had an appellate division.

In an exclusive interview with GhanaWeb's Mandy Agyemang on July 2, 2026, the Nigerian human rights lawyer said the proposed appeal would have challenged several aspects of the court's judgment, including what he described as its failure to consider key documents and legal principles before dismissing Torkornoo's human rights case against the Government of Ghana.

Torkornoo's lawyer Femi Falana tears into ECOWAS Court ruling

"We would have itemised the areas where the judgment of the court cannot be supported, both factually and legally. We would have pointed out where the court did not consider certain documents before it and where it failed to apply the principle of nemo judex in causa sua (no one should be a judge in his or her own cause)," Falana said.

He argued that one of the central issues would have been whether a Supreme Court judge could participate in proceedings involving a petition before later serving on a committee tasked with determining issues arising from the same matter.

Falana also criticised the committee's decision not to require petitioners to testify and be subjected to cross-examination.

According to him, anyone whose petition could lead to the removal of a Chief Justice should be required to appear before the committee to substantiate their allegations.

"Anyone who petitions for the removal of a Chief Justice should come before the committee to give evidence and be cross-examined," he said.

To support his argument, Falana cited an example from Nigeria involving the Oputa Human Rights Investigation Panel.

"In Nigeria, we petitioned the Oputa Human Rights Investigation Panel over the burning of the home of the late musician Fela Anikulapo Kuti. President Olusegun Obasanjo, while serving as President, appeared before the panel to give evidence," he said.

"So, if you petition against a judge or anyone else for that matter you cannot remain anonymous or absent. You must appear before the committee and testify so your evidence can be tested through cross-examination," he added.

Falana contended that the committee instead adopted a procedure that denied Torkornoo the opportunity to challenge the evidence presented against her.

"The committee adopted a strange procedure by not allowing the petitioners to testify," he alleged.

He further questioned the committee's handling of the three petitions filed against the former Chief Justice.

According to Falana, once two of the petitions were withdrawn, the committee had no authority to proceed on its own initiative without a corresponding amendment to its terms of reference by the President.

"There were three petitions. The committee could not simply decide to dismiss two and continue with one. It did not constitute itself. Only the President could have amended the instrument establishing the committee," he argued.

Falana also alleged that Torkornoo was not served with the applications seeking to withdraw the petitions.

"She was not notified of the motions for withdrawal. That aspect of the proceedings was conducted without her knowledge, and that is not permissible in either a regular court or an international tribunal," he said.

Supreme Court upholds removal of ex-Chief Justice Torkornoo

The senior lawyer said these were among the principal issues his legal team would have pursued had there been an avenue to appeal the ECOWAS Court's decision.

Asked about the next legal steps available to the former Chief Justice, Falana said no decision had yet been taken.

"I'm going to consult with my client. I cannot make that decision on her behalf. We are studying the judgment of the Community Court of Justice and will take the appropriate action at the right time," he said.

MAG/VPO

Accra Floods: Achimota residents left devastated as homes and businesses go under