In the interest of society, suspended Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, should resign from office, private legal practitioner, Martin Luther Kpebu, has intimated.
He believes Madam Torkornoo’s resignation would serve the interest of the nation, particularly its democracy, despite her having the right to remain in office whilst the probe over the petitions to oust her from office continues.
According to the lawyer, although the discussion around the brouhaha will strengthen Ghana’s democracy in the long run, it has a short-term impact of creating a “crisis of confidence.”
He explains that the controversy, as it generates discourse in the meantime, will shape the nation’s democratic dispensation, except for the fact that trust in the judicial system could be eroded by virtue of the brouhaha.
Speaking in a telephone interview on the BigIssue on TV3’s NewDay on Thursday, May 22, 2025, Mr. Kpebu quoted the Apostle Paul’s message in 1 Corinthians 6:12, saying, “Everything is permissible, but not everything is beneficial.”
He explained that while the Chief Justice has every right to defend herself, as the constitution allows, she should appreciate the negative impact of her actions on the judiciary and bow out, rather than engaging in a tussle with the processes for the probe into her removal, which is backed by law.
“Our system, through this public debate, eventually will become stronger. The only thing is that, in the short term, it is going to create a crisis of confidence because we are talking about the Chief Justice and by extension the judicial system.
“So, it is going to, in the meantime, reduce confidence in the judicial system” due to the back and forth and legal tussle surrounding the issue, saying that is his reason for asking the CJ to step down to end the controversy in order not to further erode the confidence in the system.
“That’s why I keep saying that Chief Justice Torkornoo can help the system by resigning. It will help us. She’s fought enough, there’s been public debate enough so that the system can begin to heal.
“You have a right but it’s not everything that is beneficial so sometimes you look at your rights and say no, I’ll walk away because of the interest of the larger majority, the public interest, the interest of society, I’ll forgo this my right. So if Chief Justice Torkornoo were to resign, that will be a good application of the principle,” he told host, Roland Walker.
Martin Kpebu’s remarks follow Chief Justice Torkornoo’s application to the Supreme Court, seeking to restrain the President’s committee investigating the petitions for her removal.
In the suit filed on Wednesday, May 21, 2025, the CJ is requesting an interlocutory injunction to halt the committee’s proceedings pending the case’s final determination.
Additionally, she seeks to bar Justices Pwamang and Adibu-Asiedu from presiding over or participating in the committee’s deliberations.
She’s barking but can’t bite – Ansa-Asare on suspended CJ Torkornoo’s attempt to halt removal probe
