You can not resign now – NDC Director of Legal Affairs tells CJ Torkornoo

The Acting Chief Executive Officer of the National Petroleum Authority (NPA) and the Director of Legal Affairs for the opposition National Democratic Congress (NDC), Mr. Godwin Edudzi Tameklo, has made a strong statement about the ongoing issues involving the suspended Chief Justice, Her Ladyship Justice Gertrude Torkornoo.

According to Mr. Tameklo, the Chief Justice cannot simply step down from her position right now because she is facing serious disciplinary proceedings. He made this statement when he appeared on TV3’s KeyPoints programme on Saturday, May 24, 2025.

Tameklo referred to a past legal case – Justice Kojo Amoah vs the Attorney-General – to support his point. In that case, the then-Chief Justice, Kwasi Anin-Yeboah, gave a clear ruling on October 29, 2015, that once disciplinary or impeachment proceedings have started against a judge, that judge cannot resign until the process is completed.

Tameklo read from the ruling, saying:

“We are of the view that the requirement of notifying the President before a judge resigns is there to ensure that the President – who appoints judges – can check whether the judge in question is facing any disciplinary matters.”

This means that even if a judge wants to retire or resign, they must first inform the President. And if the judge has any pending issues or allegations against them, the President can delay or even reject the resignation. The idea is to avoid a situation where a judge tries to escape accountability by simply walking away from their job.

Tameklo further quoted from the 2015 ruling:

“If a judge is facing disciplinary proceedings and informs the President about resigning, the President is not forced to accept it.”

“We also believe that if the President accepts such a resignation, it will spoil the whole disciplinary system set up by the Constitution for dealing with judges.”

So in short, once there is an ongoing investigation or disciplinary action against a sitting judge, the resignation can be put on hold until the process is complete. This is to ensure transparency and accountability in Ghana’s judiciary.

Why This Matters Now

Mr. Tameklo’s comments have come at a time when there is public pressure on the suspended Chief Justice, Justice Gertrude Torkornoo, to resign. Some Ghanaians and legal experts have argued that it would be best if she stepped down quietly to protect the image of the judiciary.

But the NDC’s legal chief thinks otherwise. He strongly believes that the law does not allow her to resign at this point – and that it would even be wrong for her to attempt it while the case is still under investigation.

According to Tameklo, the country has already faced a similar situation in the past, so we must follow that precedent. He went on to explain the story of Justice Kojo Amoah to give a clearer picture.

The Case of Justice Kojo Amoah – A Cautionary Tale

Back in 2003, Justice Kojo Amoah, a former private legal practitioner, was appointed as a High Court judge. Everything seemed fine until 2010 when he got into trouble. A serious complaint was made against him for misconduct.

This was because he delivered a ruling on a case in December 2009, and then turned around to give a different ruling on the same case in March 2010. It didn’t end there. An investigation revealed that he had delivered not just two, but four different judgments on the same case – on four different dates.

Strange Behaviour

This strange behaviour raised red flags and caused concerns about his credibility. The Chief Justice at the time decided to refer the matter to a Court of Appeal judge for a proper investigation.

The findings confirmed that Justice Amoah had indeed issued conflicting judgments. Based on this, the Judicial Council’s Disciplinary Committee stepped in. They carried out further investigations and recommended that he be removed from office, in line with Article 146 of Ghana’s Constitution.

The President at the time was informed and asked the Chief Justice to determine whether there was a prima facie case – that is, whether there was enough evidence to justify further action. A committee was then set up on January 11, 2011, to begin impeachment proceedings.

But just six days later, Justice Amoah wrote a letter to the Chief Justice saying he wanted to retire voluntarily. He claimed he had been elected as a paramount chief of Assin Foso Traditional Area, and therefore wanted to leave the bench.

However, the President rejected his resignation. Justice Amoah didn’t agree and took the matter to the Supreme Court.

The court, after careful review, ruled that the President was right to reject the resignation. They said that allowing the judge to resign in the middle of a disciplinary process would completely undermine the constitutional procedure meant to hold judges accountable.

That decision became a major reference point for future cases involving judicial discipline.

Bringing It Back to Today’s Situation

Now fast forward to 2025. Ghana is once again facing a similar situation.

President John Dramani Mahama, after reviewing some petitions submitted to his office, has suspended Chief Justice Gertrude Torkornoo. A prima facie case was found against her, which simply means there is enough evidence to warrant a proper investigation.

The President has set up a five-member committee to investigate the matter thoroughly. But while the investigations are still ongoing, some Ghanaians are suggesting that the Chief Justice should simply resign and walk away.

But Edudzi Tameklo is saying that is not possible – and even if she wants to resign, the President has every right to hold it off until the committee finishes its work.

Interestingly, Justice Torkornoo has not taken this matter lightly. She has also filed a suit at the Supreme Court to challenge the process itself. This shows that the battle is far from over, and the final outcome will depend on the Supreme Court’s interpretation of the Constitution and the laws of the land.

Why This Is Important for Every Ghanaian

This whole situation is more than just legal drama. It speaks to how important it is for Ghana to uphold the rule of law – no matter the person involved. Whether you’re a cleaner in a public office or the Chief Justice herself, the same laws must apply to everyone.

If judges can resign and escape disciplinary actions, then the public will lose confidence in the judicial system. That’s why laws and constitutional processes must be followed strictly, especially when it comes to powerful individuals.

Tameklo’s position, backed by a previous Supreme Court ruling, reminds all of us that justice in Ghana is not just about law – it’s about fairness, transparency, and doing what is right for the nation.

Conclusion

As it stands now, Chief Justice Gertrude Torkornoo cannot resign unless the ongoing disciplinary process is concluded. The precedent set by Justice Kojo Amoah’s case in 2015 makes it clear that resignation during disciplinary or impeachment proceedings can be blocked by the President.

Ghanaians must now wait patiently for the five-member committee’s findings, as well as the Supreme Court’s decision on the matter. Until then, calls for resignation may be premature, and as Tameklo has rightly pointed out, the law must be followed without fear or favour.

Let us all remain calm and allow due process to take its course. That is the only way we can protect the integrity of our justice system and strengthen our democracy.