Ghanatodayonline.com News, Politics, Health, Education & More
Despite facing an impeachment procedure under Article 146 of the 1992 Constitution, suspended Chief Justice Justice Gertrude Sackey Torkornoo has made it clear that she will not step down from her post.
During a news conference on Wednesday, June 25, Justice Torkornoo accused the committee charged with her investigation of prejudice and characterized the hearing process as unjust. She countered that resigning now would erroneously imply that the accusations against her are factual.
“Let me assure everybody that I do not seek to cling to a title or position. However, as a lawyer of 38 years standing, a Judge of 21 years standing, and Chief Justice of Ghana who has served in the rule of law all of my working life, I consider it my onerous duty and obligation to speak up concerning the administration of justice in this country.
The situation I have been confronted with has shown me a model of injustice that I would never have thought possible if I had not been exposed to it. This is why despite great personal discomfort, I have decided to marshal every effort, in law and leadership, to answer to this situation.”
She underlined that it is not only improper but also illegal to resign or retire while Article 146 proceedings are still pending.
“Furthermore, resigning or retiring while article 146 proceedings are being conducted to remove a Judge is not an option any Judge or public official is even allowed to have. There is a decided case on the subject by the Supreme Court. The suit number is J6/02/2019.”
She underlined that it is not only improper but also illegal to resign or retire while Article 146 proceedings are still pending.
“Again, no one has the authority to walk away from proceedings started by the State. Judgment can be entered against you because you failed to defend yourself. And a Judge who resigns or retires would still lose all entitlements because they failed to defend the claims and resigned or retired while the proceedings were going on.”
“Therefore, if false claims are made against a Judge or any Commissioner or other public office holder subject to article 146 proceedings, just to achieve a political agenda, the solution cannot be to resign or voluntarily retire out of frustration, pressure or fear. One would only find themselves being subjected to two cruelties — a judgment based on false claims, and loss of everything that one has worked for.”
She suggested that efforts may be underway to pressure her into stepping down, which would allow political actors to frame her departure as an admission of guilt.
“It may well be that efforts are being made to make me feel frustrated and resign so that the architects of the scheme can go back into the media to say that the wild and unfounded allegations in the petitions were not defended because they were true or that I had no credible defence to them.”
“As Chief Justice of a nation, who has been given the onerous duty and obligation to lead administration of justice, I should not turn tail and run when I know the implications of not defending false and unwarranted charges. If I resign under these circumstances, I will be saying that this flawed, unknown and opaque process is acceptable. It is not.”
As mandated by Article 146(10) of the Constitution, President John Dramani Mahama made a prima facie decision after consulting the Council of State, which led to Justice Torkornoo’s suspension on April 22, 2025.
Several petitions alleging wrongdoing led to her suspension. A five-member committee was established to look into the claims in accordance with Article 146(6). In accordance with constitutional norms, the committee has conducted its business behind closed doors.
The Chief Justice’s attempts to use the legal system to halt the impeachment process were failed. Justice Torkornoo herself filed one of the four different lawsuits and applications for interlocutory injunctions that the Supreme Court dismissed.
Source: Ghanatodayonline.com
