Former Special Prosecutor Martin A.B.K. Amidu has rejected calls for Chief Justice Gertrude Esaaba Torkonoo to resign amid her ongoing removal process, warning that President Mahama would breach his oath of office if he accepts such a resignation.
President Mahama, on April 22, suspended the Chief Justice with immediate effect after a prima facie case was established in three separate petitions seeking her removal from office.
Following the advice of 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.
Since then, some individuals — including veteran politician and football administrator Dr. Nyaho Nyaho-Tamakloe — have suggested that the Chief Justice should resign to avoid further embarrassment.
However, in an opinion editorial dated May 8, Mr. Amidu urged the President not to entertain any resignation from Justice Torkonoo during the pendency of the inquiry.
He argued that doing so would undermine the constitutional process and violate the President’s oath.
“The President will be violating the Presidential Oath he took on the assumption of office should he accept the resignation letter of a justice of the superior courts under Article 145(3) after a prima facie case for the removal has been established and a committee of inquiry appointed to investigate the petition and make recommendations,” he stated.
He added, “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.”
