Acting Chief Executive Officer of the National Petroleum Authority (NPA), Edudzi Tameklo, has stated that a sitting Chief Justice cannot lawfully resign once formal disciplinary or impeachment proceedings have begun against them.
His argument is grounded in a 2015 Supreme Court ruling, which he referenced during an appearance on TV3’s KeyPoints on May 24, 2025.
Tameklo cited the case of Justice Kojo Amoah vs Attorney-General, in which the then Chief Justice, Kwasi Anin-Yeboah, delivered a landmark ruling on October 29, 2015. In that case, the Supreme Court upheld the President’s decision to reject the resignation of Justice Kojo Amoah, who was under investigation at the time.
Tameklo explained that allowing a judge to step down in the middle of a disciplinary process would undermine constitutional procedures for ensuring judicial accountability.
“We are of the view that the requirement of notification to the President to enable him as the appointing Authority to take steps to ensure that the Judge seeking to resign does not have any pending disciplinary proceedings against him before going on voluntary retirement,” he read from the ruling.
“This provision in our view accords not only with the principle but common sense as well. The only question which arises with the said provision is whether the President has, having been complained to in these proceedings by the plaintiff, can refuse to give assertion to the decision by the Superior court Judge to resign.”
According to the Supreme Court’s position, the President was within his rights to reject the resignation, as a disciplinary process was already in motion.
“We think that as the date the plaintiff notified the President of his intention to resign, there was disciplinary proceedings pending against him, the President was not bound to accept same. We are equally of the opinion that had the President accepted the letter of resignation, its effect would be to undermine the carefully drafted disciplinary proceedings in relation to Superior court judges under the constitution. Accordingly, we are unable to yield to the plaintiff’s argument that the refusal was wrong,” the ruling concluded.
Tameklo’s remarks come amid growing public debate over whether suspended Chief Justice Gertrude Torkornoo should resign. Some commentators have argued that her stepping down would preserve the dignity of the judiciary amid ongoing investigations. However, Tameklo believes constitutional procedure must be respected and followed through to its conclusion.
By referencing this legal precedent, Tameklo emphasized that any attempt by the Chief Justice to resign during an active inquiry would be constitutionally invalid and detrimental to the integrity of the judicial disciplinary process.
