Suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has, for the first time, broken her silence following the commencement of Article 146 impeachment proceedings against her, stating emphatically that she will not resign or retire in the face of what she describes as a “flawed and opaque” process.
In a strongly worded press briefing, the Chief Justice, who has served on the bench for over two decades, said her decision to speak up comes not out of desperation, but from a sense of duty to justice, the judiciary, and the country.
“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 stated
Justice Torkornoo said the current circumstances she faces have exposed her to “a model of injustice” she never imagined possible in Ghana’s democratic system. Despite “great personal discomfort,” she says she is determined to defend herself through lawful and legitimate means.
She referenced a Supreme Court ruling—Suit No. J6/02/2019—affirming that judges undergoing Article 146 impeachment proceedings are not permitted to resign or retire during the process. Doing so, she warned, could result in a default judgment and the loss of all entitlements.
“No one has the authority to walk away from proceedings started by the State. A judge who resigns or retires would still lose all entitlements because they failed to defend the claims.”she explained.
The Chief Justice warned against using the judiciary as a tool for political convenience, stating that public officials who are falsely accused must not be pressured to step down merely to avoid conflict.
“If false claims are made against a judge or any commissioner just to achieve a political agenda, the solution cannot be to resign or retire out of fear or pressure. That only leads to two cruelties—a judgment based on falsehood and the loss of one’s life’s work.”
She suggested that efforts may be underway to frustrate her into resignation, allowing political actors to frame her silence as 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 the wild and unfounded allegations were true,” she said.
Concluding her statement, Justice Torkornoo stood her ground, saying that resignation would amount to endorsing a broken process.
“As Chief Justice of a nation who has been given the duty to lead the administration of justice, I should not turn tail and run when I know the implications of not defending false and unwarranted charges. If I resign under these circumstances, I will be saying this flawed, unknown and opaque process is acceptable. It is not.”
The Chief Justice’s comments come amid growing public debate and political tension surrounding her suspension and the legal processes that have followed. The Presidency has yet to issue a formal response to her latest remarks.