I Won't Resign - Justice Torkonoo
Accra, Ghana - 15 June, 2025 - A constitutional crisis is unfolding in Ghana as the suspended Chief Justice, Gertrude Sackey Torkornoo has refused to step down, vowing to contest impeachment proceedings that she claims are unfair and biased.
The Chief Justice, who has been on suspension since April 22, 2025, has described the process as unfair and alleged bias on the part of the committee investigating her.
The impeachment process was initiated under Article 146 of the 1992 Constitution, following multiple petitions alleging misconduct.
A five-member committee was constituted to investigate the claims, and its proceedings have been held in camera.
Speaking at a press conference on Wednesday June 25, Justice Torkornoo argued that resigning or retiring while the proceedings are ongoing would be inappropriate and legally impermissible.
She cited a Supreme Court case that supports this position and warned that walking away from the process could result in adverse outcomes.
“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,'' she stated.
''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.”
Justice Torkornoo, who has been on suspension since April 22, 2025, following a prima facie determination made by President John Dramani Mahama in consultation with the Council of State, emphasized that resignation or retirement while Article 146 proceedings are ongoing is not only inappropriate but also legally impermissible. She cited a Supreme Court case (J6/02/2019) that supports this position.
“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.”
“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.”
“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.”
Source: Lead News Online
