Lawyer urges suspended Chief Justice to resign for the sake of Ghana’s democracy

Private legal practitioner, Martin Luther Kpebu, has suggested that suspended Chief Justice Gertrude Torkornoo should resign from office to protect the country’s democracy and public trust in the judiciary.

Though he admits that Justice Torkornoo has the legal right to stay in office while the investigation into her possible removal continues, he believes stepping down would be in the best interest of the nation.

Mr. Kpebu explained that even though this controversy may eventually strengthen Ghana’s democracy, it is currently causing a “crisis of confidence” in the judicial system. He warned that the public back-and-forth surrounding the Chief Justice may damage trust in the judiciary.

“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… So, it is going to, in the meantime, reduce confidence in the judicial system,” he said on TV3’s New Day on May 22.

He quoted the Bible in 1 Corinthians 6:12: “Everything is permissible, but not everything is beneficial,” emphasizing that although the Chief Justice has the right to defend herself, she should consider the wider impact and step aside.

“That’s why I keep saying that Chief Justice Torkornoo can help the system by resigning. It will help us. She’s fought enough… So if Chief Justice Torkornoo were to resign, that will be a good application of the principle,” he told Roland Walker.

His comments follow Torkornoo’s legal action against a presidential committee investigating the petitions for her removal. She is asking the Supreme Court to stop the proceedings and to stop Justices Pwamang and Adibu-Asiedu from participating in the committee’s work.

While the government defends the suspension, others including opposition MPs claim it is an abuse of executive power and a threat to judicial independence.

Some citizens, however, back President Mahama, saying the move will clean up the judiciary. Critics, including former Attorney General Godfred Dame, have called the suspension a “charade” and the worst attack on the judiciary in Ghana’s history.