On-suspension Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, has been responding to those calling for her resignation, stressing that she is not seeking to cling to her title or position of Chief Justice, but resolute in her duty to uphold the rule of law and defend the judiciary.
“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,” she told a pack press conference last Wednesday at the Holliday Inn Hotel in Accra.
Justice Gertrude Torkornoo revealed that she has faced “a model of injustice” she never imagined possible, prompting her to take a stand, despite what she described as “at great personal discomfort.”
“This is why, despite great personal discomfort, I have decided to marshal every effort, in law and leadership, to answer to this situation,” Mrs. Torkornoo indicated.
The Chief Justice explained that under the law, specifically citing Supreme Court case J6/02/2019, a judge or public official undergoing Article 146 proceedings does not have the legal option to resign or retire while such proceedings are active.
“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. A judge who resigns or retires would still lose all entitlements because they failed to defend the claims.” she stressed
More so, she highlighted that Ghana has come too far in the 33 years of the 4th Republic not to be alerted about the unconstitutionalities around these article 146 proceedings that seemed designed not to affect just her as Chief Justice, but all Judges and public officers.
“My humble view is that Ghana has come too far in the 33 years of the 4th Republic not to be alerted about the unconstitutionalities around these article 146 proceedings that seem designed not to affect just me personally as Chief Justice, but all Judges and public officers subject to article 146, if it is successfully carried out without being questioned. Behind me is every judge in the country,” she explained
The Chief Justice warned that the proceedings against her based on three petitions already circulating in the public domain could set a dangerous precedent for the future of judicial independence and constitutional bodies in Ghana.
“Behind me is every judge in the country. Behind me is every commissioner or head of an independent constitutional body. If this model of removal can be tried on the Chief Justice, it can be repeated with everyone,” the Supreme Court Judge intimated.
Justice Torkornoo dismissed the allegations contained in the petitions as “either lies, wrong opinions about how work is conducted in the Judicial Service, wrong opinions on the work of judges, or wrong opinions on the duties of a Chief Justice.”
She also criticized the public discourse surrounding the matter, saying it has focused largely on the accusations while ignoring her official responses.
