The suspended Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, has said resigning from office is not an option.
She says if she resigns, it will mean she is running from the allegations made against her.
“Resigning is not an option,” she said at a press conference in Accra on Wednesday, June 25.
She further said that she received veiled threats that if she did not resign voluntarily, she would be made to suffer harm.
She said “The final and fourth reason for this Statement is that I have heard on several occasions, from loved ones, persons who care, persons who may not know me beyond my public duties, and many who think that since it is clear that the current proceedings seem to be carefully staged to result in my removal as Chief Justice, it would be best if I just retired or resigned, rather than subject myself to an ill motivated process. I have also received threats and veiled threats to the effect that if I fail to resign or voluntarily retire, I will be made to suffer some harm or the other.
“I have also heard several commentaries in the media about how this process was born out of a stated political agenda to remove me and control the Judiciary, and that, it is a political effort that can only result in the charade of a hearing that is played out. I thank all those who have engaged in this conversation out of concern for my safety and well-being. Let me assure everybody that I do not seek to cling to a title or position. However, as a lawyer of 38 years standing, a Judge of 21 years standing, and Chief Justice of Ghana who has served in the rule of law all of my working life, I consider it my onerous duty and obligation to speak up concerning the administration of justice in this country. The situation I have been confronted with has shown me a model of injustice that I would never have thought possible if I had not been exposed to it. This is why despite great personal discomfort, I have decided to marshal every effort, in law and leadership, to answer to this situation.
“Furthermore, resigning or retiring while article 146 proceedings are being conducted to remove a Judge is not an option any Judge or public official is even allowed to have. There is a decided case on the subject by the Supreme Court. The suit number is J6/02/2019.
“Again, no one has the authority to walk away from proceedings started by the State. Judgment can be entered against you because you failed to defend yourself. And a Judge who resigns or retires would still lose all entitlements because they failed to defend the claims and resigned or retired while the proceedings were going on. Therefore, if false claims are made against a Judge or any Commissioner or other public office holder subject to article 146 proceedings, just to achieve a political agenda, the solution cannot be to resign or voluntarily retire out of frustration, pressure or fear. One would only find themselves being subjected to two cruelties – a judgment based on false claims, and loss of everything that one has worked for. 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.”
President John Dramani Mahama in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case had been established in respect of three petitions against Madam Torkornoo.
A statement issued on Tuesday, April 22 said, “Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.”
The statement, which was signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu added that, “The President has consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to inquire into the petitions which have been referred to them.
- Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo (Former Auditor-General) – Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) – Member.”
President John Dramani Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution.
