Why Should CJ Resign?

Why Should CJ Resign?

The recent suspension of Chief Justice Gertrude Torkornoo by President John Mahama has sparked intense debate about the future of Ghana’s judiciary, with private legal practitioner Martin Kpebu leading the charge for her resignation. Kpebu’s argument, as aired on Joy FM’s Top Story on April 22, 2025, centers on the potential harm a drawn-out public investigation could inflict on the judiciary’s already fragile public image. He contends that even if Torkornoo were to be cleared of the allegations against her, the process itself would likely deepen mistrust in the judicial system, a risk Ghana’s democracy can ill afford.

Kpebu’s call for resignation isn’t rooted in a belief of Torkornoo’s guilt but in a pragmatic concern for the institution she leads. He warns that the investigation, initiated under Article 146(6) of the 1992 Constitution after a prima facie case was established, could unearth past controversies—such as the infamous Anas exposé on judicial corruption.

Such a spectacle, he argues, would not only tarnish the judiciary’s reputation but also destabilize public confidence at a time when trust in Ghana’s courts is already strained. A study from the Journal of Law and Courts highlights this vulnerability, noting that younger Ghanaians, in particular, exhibit less trust in the judiciary compared to their elders, often due to perceived shortcomings and partisan influences.

Moreover, the allegations fueling the investigation, including whispers of Torkornoo’s failure to return GH₵75,000, add a layer of complexity that could prolong the probe and amplify public scrutiny. Kpebu believes that stepping down would allow the judiciary to avoid this quagmire, enabling the country to move forward without the baggage of a contentious legal battle.

For Torkornoo, who was sworn in as Chief Justice on June 12, 2023, after a 19-year judicial career, resignation might be a bitter pill—but one that could safeguard the institution she vowed to reform through technological advancements and restored public faith.

The broader context of Ghana’s judicial history also supports Kpebu’s stance. Partisan divides, as noted in the Journal of Law and Courts, significantly influence public trust, with supporters of the opposition NPP showing lower confidence in the judiciary compared to NDC supporters. This political undercurrent, coupled with the constitutional removal process outlined in Article 146, risks turning the investigation into a spectacle that could further polarize the nation. By resigning, Torkornoo could spare the judiciary this ordeal, preserving its integrity for future generations.

editor

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