Suspended Chief Justice of Ghana, Justice Gertrude Araba Esaaba Sackey Torkornoo, has strongly rejected mounting calls for her resignation, describing the ongoing process for her removal from office as unconstitutional, flawed, and politically motivated.
Addressing the media in a nationally televised statement on Wednesday, June 25, Justice Torkornoo maintained that stepping down would lend legitimacy to what she called a “carefully staged” process designed to remove her without regard for due process and the rule of law.
“I do not seek to cling to a title or position,” she said. “However, as a lawyer of 38 years’ standing and a judge of 21 years, I consider it my duty to speak up concerning the administration of justice in this country.”
The Chief Justice’s address comes in the wake of Article 146 proceedings initiated to determine her removal from office. While the details of the petitions remain largely undisclosed to the public, Justice Torkornoo contends that the entire process has been marked by serious procedural violations and breaches of her constitutional rights.
She alleged that the committee set up to investigate the petitions has refused to disclose the specific charges against her, denied her access to critical documents, and allowed petitioners to avoid testifying under oath thereby denying her the opportunity to cross-examine them.
According to her, the committee’s decision to hold the hearings in-camera, at the high-security Adu Lodge rather than a judicial facility, further undermines transparency. She noted with concern that the venue is historically linked to the 1981 abduction and murder of three High Court judges and a military officer, one of whom was her uncle and former guardian.
“Was Adu Lodge chosen for this inquiry to make me feel insecure? I think so,” she stated.
Justice Torkornoo emphasized that, under Ghanaian law, a judge under Article 146 proceedings cannot resign or retire during the process. She cited a Supreme Court decision (Suit No. J6/02/2019), which prohibits public officeholders from withdrawing once proceedings are in motion.
“Resigning or retiring while Article 146 proceedings are being conducted is not an option,” she stressed. “One would only find themselves being subjected to two cruelties, a judgment based on false claims and the loss of everything one has worked for.”
READ: Citizen Petitions President Mahama to Dissolve Committee Probing Chief Justice
She also revealed that she had received threats and veiled warnings, suggesting harm if she failed to voluntarily leave office. However, she insisted that her decision to stay and fight the process was not for personal gain, but to defend the integrity of Ghana’s judiciary and protect the independence of constitutional institutions.
“Behind me is every judge in the country,” she said. “If this model of removal can be tried on the Chief Justice, it can be repeated with everyone.”
The Chief Justice warned that the outcome of her case could have far-reaching consequences for the nation’s democratic journey and the credibility of its justice system. She noted that judicial officers and heads of constitutional bodies must be able to work without fear, influence, or political interference.
“The Constitution expects that the only reasons for removing the Chief Justice and public officials subject to Article 146 will be matters that make them unable or unfit to perform the functions of their office,” she said. “In my case, nothing in the petitions reflects such weighty issues.”
Justice Torkornoo concluded her address with a somber reminder: “If the nation is willing to accept these developments, it must be understood that I sounded the warning.”
She reiterated her commitment to defending her reputation and the office she occupies. “If I resign under these circumstances, I will be saying that this flawed, unknown and opaque process is acceptable. It is not.”
Source: Ghana/Starrfm.com.gh/Emmanuel Mensah
