Suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has stated that she is not eager to retain the Chief Justice title; yet, she will not resign while undergoing an impeachment process instituted under Article 146 of the 1992 Constitution.
“I want to assure everyone that I do not aspire to retain a title or position. As a lawyer with 38 years of experience, a Judge for 21 years, and the Chief Justice of Ghana, I feel it is my solemn duty to address the administration of justice in this country.”
Her rationale is grounded on the ongoing Article 146 procedures, amidst calls for her resignation or retirement, which she considers inappropriate and against the law.
“Moreover, quitting or retiring during the execution of article 146 procedures aimed at the removal of a Judge is not a permissible alternative for any Judge or public officer. The Supreme Court has issued a definitive ruling on the matter. The case number is J6/02/2019.”
She stressed that accepting to step down at this crucial moment will serve as a precedent and also become the norm of the day and perhaps normalize a situation where any public official may face the same outcome when political dynamics shift.
“No individual has the authority to withdraw from procedures initiated by the State. A judgment may be rendered against you due to your failure to mount a defense. A judge who resigns or retires would forfeit all benefits due to their failure to contest the claims while the procedures were ongoing.”
Madam Torkornoo highlighted that efforts which are underway to force her to exit her position will create the impression of accepting she goofed in her line of duty which is not so.
“It’s possible that people are trying to frustrate me and make me resign so that the same people who came up with the plan can go back to the media and say that the petitions’ untrue and unfounded claims were not challenged because they were true or because I failed to provide a suitable response.”
In accordance with Article 146(10) of the Constitution, Justice Torkornoo has been suspended since April 22, 2025, after President John Dramani Mahama issued a preliminary determination in collaboration with the Council of State.
