Suspended Chief Justice Gertrude Sackey Torkornoo has indicated unequivocally that she will not resign from her position, despite an impeachment process launched under Article 146 of the 1992 Constitution.
Speaking at a press conference on Wednesday, June 25, Justice Torkornoo condemned the hearing process as unjust and accused the committee investigating her of bias. However, she contended that stepping down at this point would incorrectly imply that the allegations against her are accurate.
“Let me assure everyone that I am not looking to cling to a title or position. However, as a lawyer with 38 years of experience, a judge with 21 years of experience, and the Chief Justice of Ghana who has worked in the rule of law my entire professional life, I believe it is my onerous duty and obligation to speak out about the administration of justice in this nation.
The scenario I’ve been put in has shown me a model of injustice that I would never have believed conceivable if I hadn’t been exposed to it. This is why, despite significant personal pain, I have chosen to marshal all legal and leadership resources to address this matter.”
She emphasised that resigning or retiring while Article 146 procedures are underway is not only undesirable but also legally prohibited.
“Furthermore, no Judge or public official may quit or retire while Article 146 proceedings to remove a Judge are underway. The Supreme Court has decided a case on the matter. “The suit number is J6/02/2019.
Justice Torkornoo cautioned that walking away from the process could have negative consequences for any public figure facing such proceedings.
“Again, no one has the ability to withdraw from procedures initiated by the State. Judgement may be entered against you because you neglected to defend yourself. And a Judge who resigns or retires will still lose all entitlements because they failed to defend the claims and resigned or retired during the procedures.”
“Therefore, if false charges are made against a Judge, Commissioner, or other public office holder subject to article 146 procedures only to pursue a political purpose, the answer cannot be resignation or voluntary retirement due to frustration, pressure, or fear. One would only face two cruelties: a judgement based on false claims and the loss of everything they have worked for.”
She speculated that efforts may be underway to coerce her into stepping down, allowing political actors to portray her resignation 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 a nation’s Chief Justice, who has been charged with the onerous task and obligation of leading the administration of justice, I should not turn tail and run when I am aware of the consequences of failing to defend false and unfounded claims. If I retire in these circumstances, it will imply that this faulty, uncertain, and opaque process is acceptable. “It is not.”
Justice Torkornoo has been suspended since April 22, 2025, following a prima facie determination made by President John Dramani Mahama, in collaboration with the Council of State, as required by Article 146(10) of the constitution.
Multiple petitions alleging wrongdoing led to her suspension. By Article 146(6), a five-member committee was formed to investigate the accusations. The committee’s proceedings were held behind closed doors, as required by the constitution.
The Chief Justice’s efforts to halt the impeachment process through legal action were failed. The Supreme Court dismissed four cases and motions for interlocutory injunctions, including one submitted by Justice Torkornoo herself.
