Suspended Chief Justice of Ghana, Justice Gertrude Sackey Torkornoo, has firmly rejected calls for her resignation amidst ongoing impeachment proceedings under Article 146 of the 1992 Constitution. Speaking at a press conference on Wednesday, June 25, she described the process as “bizarre” and “opaque,” and pledged to contest it using every legal and leadership tool at her disposal.
Justice Torkornoo, who was suspended on April 22, 2025, following a prima facie determination by President John Dramani Mahama in consultation with the Council of State, said resigning at this stage would wrongly imply acceptance of the misconduct allegations made against her.
“I do not seek to cling to a title or position,” she stated. “But as a lawyer of 38 years, a judge of 21 years, and a Chief Justice, I have a duty to stand up for the integrity of justice in this country.”
She described the process as unjust, claiming bias within the investigative committee, and noted that she had never imagined such a flawed model of accountability in the judiciary.
Resignation “Legally Impermissible”
Justice Torkornoo emphasized that resignation or retirement during the pendency of Article 146 proceedings is not only inappropriate but also legally prohibited. Citing a 2019 Supreme Court decision (Suit No. J6/02/2019), she noted that public officials under investigation do not have the legal option to resign mid-process.
“Any official who walks away from such proceedings risks a judgment being entered against them, along with the forfeiture of all entitlements. That is a legal reality, not a choice,” she warned.
She argued that allowing false allegations to go unchallenged would set a dangerous precedent for public office holders, opening the door to politically motivated removals.
“If political actors can manufacture claims just to remove a judge or commissioner, and the person resigns out of frustration, the result is a double injustice: a judgment based on falsehood and the loss of everything one has worked for.”
Suspected Political Pressure
The Chief Justice hinted at deliberate efforts to pressure her into stepping down so that her departure could be used to validate the allegations against her.
“There may be a scheme to frustrate me into resigning so that those behind it can claim I had no credible defence. But I will not legitimize such a flawed and secretive process by walking away from it.”
“As Chief Justice, I cannot turn my back on the rule of law. To resign now would be to endorse a deeply flawed process. That, I cannot and will not do.”
Justice Torkornoo was suspended after multiple petitions alleging misconduct were submitted. A five-member committee was formed under Article 146(6) to investigate the claims. In accordance with constitutional guidelines, the committee has been conducting its proceedings in camera.
Her attempts to halt the process through legal channels have thus far been unsuccessful. The Supreme Court has dismissed four separate lawsuits and applications for injunctions, including one filed personally by the Chief Justice.
Despite her suspension, Justice Torkornoo maintains that she remains committed to defending the integrity of Ghana’s judiciary and will continue to challenge what she describes as an unjust and politically driven process.
