Former Special Prosecutor Martin A.B.K. Amidu has asserted that Chief Justice Gertrude Esaaba Torkonoo can not resign after a prima facie case has been established against her in petitions seeking her removal from office.
He explained that the process, which is currently at the committee of inquiry stage, must be allowed to run its full course to determine whether the alleged misbehaviour and incompetence warrant her removal.
In his latest epistle, dated May 8, the former Attorney General argued that accepting a resignation from the Chief Justice would deny the public the chance to hold her accountable and potentially prosecute her if found guilty.
Mr. Amidu added that such a resignation would also undermine the rights of the petitioners, who are acting within their constitutional mandate.
“The right to resignation argument during the pendency of an inquiry by the committee reeks of a despotic and undemocratic argument for judicial exceptionalism — shielding judges from public scrutiny,” he wrote.
“The arguments for the right to resign with regard to any pending petition are intended to ridicule the petitioners for exercising their constitutional right to petition for the removal of a superior court justice or to save the suspectedly guilty respondent at an inquiry,” he added.
His comments respond to suggestions by some individuals, including veteran politician and football administrator Dr. Nyaho Nyaho-Tamakloe, that the Chief Justice should step down to avoid further embarrassment.
President Mahama, on April 22, suspended Chief Justice Torkonoo with immediate effect after a prima facie case was established in three separate petitions seeking her removal.
Following advice from the Council of State and in accordance with Article 146 of the 1992 Constitution, a five-member committee of inquiry was set up to investigate the allegations.
