Suspended Chief Justice of Ghana, Justice Gertrude Torkornoo, has broken her silence amidst ongoing impeachment proceedings, declaring she will not resign. This comes after President John Mahama suspended her following petitions calling for her removal from office. The saga has gripped the nation, raising critical questions about judicial independence and due process.
Background: Petitions and Suspension
Three separate petitions were filed with President Mahama, alleging misconduct and calling for Justice Torkornoo's impeachment. Following protocol, the President forwarded these petitions to the Council of State for review. The Council advised that the Chief Justice had a case to answer, leading to her suspension.
President Mahama then established a five-member committee to investigate the allegations and provide Justice Torkornoo an opportunity to defend herself. The committee commenced hearings on May 15, 2025.
Torkornoo's Response: 'I Will Speak Up'
In a defiant statement, Justice Torkornoo stated that resigning or retiring would imply acceptance of “illegality and false claims.” She vowed to “speak up,” suggesting a vigorous defense against the accusations. She maintains that the process is unfair and biased against her.
"If I resign or retire, e go mean say I allow illegality and false claims to slide. I go speak up!" Justice Torkornoo reportedly said.
Legal Challenges and Supreme Court Decisions
Justice Torkornoo and other lawmakers have challenged the impeachment process in the Supreme Court, arguing that it is illegal and should be halted. However, the Supreme Court has dismissed all five cases brought before it, asserting that the five-member panel has not acted improperly thus far.
Government's Position
The government maintains that it is simply following the constitutionally mandated process for removing a Chief Justice or other commissioners. They emphasize adherence to the rule of law and deny any political interference.
Questions Arising from the Suspension
The suspension of a Chief Justice raises several critical questions:
- Is the impeachment process truly impartial?
- Are the allegations against Justice Torkornoo credible and supported by evidence?
- Does the government have legitimate grounds for removing the Chief Justice, or is this politically motivated?
The outcome of the investigation and any subsequent legal proceedings will have significant implications for the independence of the judiciary in Ghana.
Potential Impact on Ghana's Judiciary
The ongoing saga surrounding Justice Torkornoo’s suspension could have a lasting impact on Ghana’s judiciary. A prolonged and contentious impeachment process could erode public trust in the courts and raise concerns about the separation of powers.
It is crucial that the investigation is conducted fairly and transparently, ensuring that Justice Torkornoo is afforded due process and that the outcome is based on credible evidence.
The coming weeks and months will be critical in determining the future of Justice Torkornoo and the overall health of Ghana’s judicial system. The nation and international observers will be keenly watching the developments as the impeachment process unfolds.