The acting Chief Executive Officer of the National Petroleum Authority (NPA) and Director of Legal Affairs for the National Democratic Congress, Godwin Edudzi Tameklo, has stated that suspended Chief Justice Gertrude Torkornoo cannot resign due to ongoing disciplinary proceedings.
Speaking on TV3’s KeyPoints on May 24, 2025, Tameklo cited the case of Justice Kojo Amoah vs Attorney-General, where former Chief Justice Kwasi Anin-Yeboah ruled on October 29, 2015, that a sitting judge cannot resign once disciplinary or impeachment processes have begun.
“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.
“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,” he read out the 2015 Supreme Court ruling to support his position.
“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, it effect will 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 said..
Tameklo’s comments come amid calls from some analysts for Chief Justice Torkornoo to resign following her suspension.
But according to the NDC Director of Legal Affairs, the cirumstance of time does not permit the Chief Justice to take any such action.
The 2015 case involved Justice Kojo Amoah, a former High Court judge appointed in 2003 after a career as a private legal practitioner. In 2010, a complaint was lodged against him for alleged judicial misconduct. The complaint arose from Amoah delivering a judgment in December 2009 and subsequently issuing a different judgment in March 2010 for the same case.
The Chief Justice at the time referred the matter to a Court of Appeal judge for investigation, which confirmed that Amoah had delivered four separate judgments on different dates in the same case, raising allegations of misconduct.
The Judicial Council’s Disciplinary Committee investigated further and, on September 16, 2010, recommended his removal under Article 146 of the Constitution.
The President referred the matter back to the Chief Justice to establish a prima facie case.
On January 11, 2011, a committee was set up to impeach Amoah. However, on January 17, 2011, while stationed at Akim Oda, Amoah wrote to the Chief Justice expressing his intent to retire voluntarily, citing his election as paramount chief of Assin Foso Traditional Area.
The president rejected Amoah’s resignation, prompting him to challenge the decision at the Supreme Court. The court upheld the president’s refusal, ruling that accepting the resignation would undermine constitutional disciplinary processes.
Justice Torkornoo’s suspension by President Mahama comes on the back of a prima facie case established against the Chief Justice following the submission of some petitions asking for her removal.
A five-member committee established by the president is currently investigating the petitions.
Meanwhile, Justice Torkornoo has filed a suit at the Supreme Court to challenge the ongoing process.
