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Suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has broken her silence on ongoing efforts to remove her from office, declaring that resignation is not an option and warning that doing so would set a dangerous precedent for Ghana’s democracy and judicial independence.
In a public address delivered on Wednesday, June 25, 2025, Justice Torkornoo rejected calls for her to step down amid Article 146 proceedings initiated by the state, which she described as unconstitutional, flawed, and politically motivated.
“Resigning or retiring during Article 146 proceedings is not an option for any judge or public official,” she said, asserting that such a move would amount to endorsing “a flawed, opaque, and unlawful process”.
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Facing mounting public pressure and veiled threats, Justice Torkornoo stated that her stand is not about holding onto power but about defending the rule of law, judicial integrity, and constitutional protections.
“If I resign, I would be subjecting myself to two injustices: a judgement based on false claims and the loss of earned entitlements,” she explained.
She further revealed that loved ones and concerned individuals had urged her to resign to avoid personal harm, hinting at intimidation and threats.
“I have also received threats and veiled warnings that if I do not resign or retire voluntarily, I will suffer harm,” she said.
Justice Torkornoo argued that the removal process has implications far beyond her own case, suggesting that if left unchallenged, it could become a tool for silencing independent voices across Ghana’s governance system.
“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.
She referenced a 2019 Supreme Court ruling (J6/02/2019), which prohibits public officials from walking away from state-initiated proceedings, noting that resignation mid-process could result in a default judgement.
The embattled Chief Justice emphasized that her decision to stay and face the removal process was rooted in her obligation to protect constitutional democracy.
“I cannot flee when I know the implications of not defending against false and unwarranted charges,” she said.
“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.”
Justice Torkornoo also criticised the manner in which the petitions and subsequent processes were handled, describing the atmosphere as one filled with intimidation, secrecy, and injustice.
“The situation I face has exposed a model of injustice I would never have thought possible had I not experienced it,” she remarked.
Background
Justice Torkornoo was suspended following three separate petitions submitted to the President, triggering Article 146 proceedings. A committee was subsequently set up to investigate the allegations. She contends the process lacks transparency, due process, and fairness.
Her defiant stand has now placed her at the centre of a national debate over judicial independence, separation of powers, and the future of Ghana’s democratic institutions.
In her own words:
“This is not about me. It’s about protecting the credibility of the judiciary and the integrity of our Constitution.”
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