Godwin Edudzi Tameklo, the Director of Legal Affairs for the National Democratic Congress has stated, that suspended Chief Justice Torkornoo cannot resign due to ongoing disciplinary proceedings.
According to Edudzi Tameklo, in the case of Justice Kojo Amoah vs Attorney-General, former Chief Justice Kwasi Anin-Yeboah on October 29, 2015, ruled that a sitting judge cannot resign once disciplinary or impeachment processes have begun.
Speaking on TV3’s KeyPoints on May 24, 2025, Edudzi Tameklo detailed, “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,” Edudzi cited the 2015 Supreme Court ruling to support his position.
He added, “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.
He further revealed that then in opposition John Mahama had faith in the now-suspended Chief Justice Gertrude Torkornoo.
According to Edudzi Tamakloe, John Mahama told the then NDC minority in parliament not to oppose Chief Justice Gertrude Torkornoo’s appointment.
He noted that the Chief Justice’s approval was unanimous both at the committee and plenary levels.
“President Mahama had faith in Gertrude Torkornoo when she was nominated. He told the Minority not to oppose her appointment. So, when it came to her approval, it was unanimous, both at the committee and plenary levels. That’s the level of confidence President Mahama had in her”.
He further revealed that the decision to suspend Justice Torkornoo was based solely on the petitions received.
“President Mahama had no way of knowing how the now-suspended Chief Justice would conduct herself while in office,” he reiterated.
