Ghana: Suspended Chief Justice Torkornoo Refuses to Resign, Warns of Dangerous Precedent for Judiciary

Suspended Chief Justice of Ghana, Justice Gertrude Araba Esaaba Sackey Torkornoo, has firmly rejected calls for her resignation, insisting that stepping down amid ongoing removal proceedings would set a dangerous constitutional precedent and embolden politically motivated attacks on judicial independence.

Addressing the nation in a public statement on Wednesday, June 25, 2025, Justice Torkornoo responded to growing public and private pressure urging her to resign in the face of a process she described as “unconstitutional and fundamentally flawed.”

“Resigning or retiring during Article 146 proceedings is not an option for any judge or public official,” she declared, stressing that to walk away now would amount to legitimizing what she views as a coordinated effort to undermine the judiciary.

She emphasised the constitutional risks posed by resignation under pressure, arguing it would damage not just her integrity, but the integrity of all constitutionally protected offices.

“If I resign under these circumstances, I would be endorsing this flawed, opaque, and unlawful process. It is not acceptable,” she stated emphatically.

Justice Torkornoo revealed that behind-the-scenes coercion had intensified in recent weeks, as individuals close to her and others outside the judiciary encouraged her to bow out.

“I have heard from loved ones, concerned individuals, and others… Many suggest that, since these proceedings appear orchestrated to result in my removal as Chief Justice, I should retire or resign rather than endure an ill-motivated process,” she said.

“I have also received threats and veiled warnings that, if I do not resign or retire voluntarily, I will suffer harm.”

Rejecting any claim of clinging to power, she said her resolve is rooted in principle, not personal ambition.

“I am not clinging to a title or position. If I resign, I would be subjecting myself to two injustices: a judgment based on false claims, and the loss of earned entitlements,” she explained.

Justice Torkornoo warned that succumbing to pressure would not only affect her but would weaken protections for all judges and heads of independent institutions safeguarded under Article 146 of the 1992 Constitution.

“Behind me stands every judge in the country. Behind me stand every commissioner or head of an independent constitutional body. If this process succeeds, it could be used against anyone,” she cautioned.

Citing Supreme Court precedent (J6/02/2019), she stressed that public officers under investigation cannot withdraw from proceedings once initiated.

“No one can walk away from proceedings initiated by the state, as judgment can be entered against you for failing to defend yourself,” she said.

The process to remove her was set in motion after three petitions were submitted to the President, triggering the formation of a committee under Article 146. But Torkornoo has cast doubt on the fairness of the proceedings, citing what she described as systemic intimidation and lack of transparency.

“The situation I face has exposed a model of injustice I would never have thought possible had I not experienced it,” she said.

“It may be that these efforts are designed to frustrate me into resigning… As Chief Justice… I cannot flee when I know the implications of not defending false and unwarranted charges.”

Concluding her address, Justice Torkornoo said her stand is not about preserving her position, but defending the credibility of Ghana’s democratic institutions.

“If the nation is willing to accept these developments… it must be understood that I sounded a warning, and the nation chose to remain passive,” she said.