Amidu condemns attempts to shield suspended Chief Justice from accountability

Former Special Prosecutor Martin Amidu has condemned efforts to protect Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from accountability. This follows her suspension and the start of removal proceedings.

In a strong opinion piece, Amidu criticized claims that a superior court judge can resign while facing removal. He called this reasoning “despotic and undemocratic.” He warned it undermines the rule of law and public trust in the judiciary.

Amidu stated, “The arguments for the right to resign are intended to ridicule petitioners.” He believes this mocks their constitutional right to seek removal of a judge.

His comments come as Chief Justice Torkornoo faces scrutiny. She has been suspended pending an inquiry into her removal petition. A prima facie case was recently established, starting constitutional processes regarding her fitness for office.

Amidu argued that calling for resignation breaches confidentiality rights of both petitioners and respondents. He sees this as an attempt by allies of the Chief Justice to bypass due process.

He noted, “Such arguments undermine Article 146(4) or (6) processes.” Amidu warned that invoking resignation rights creates a class of judges above public scrutiny, which he termed “judicial exceptionalism.”

He added that such calls appear self-serving when made by lawyers. They also reflect a misunderstanding of the constitution when made by others. This is inconsistent with judges’ duty to uphold integrity in their roles.

Amidu stressed that constitutional provisions for removing judges protect public trust in the judiciary. These must be respected without exception, even for the Chief Justice.

“The judicial branch holds significant power over citizens' lives,” he explained. The removal petition is the only way for citizens to hold judges accountable under the Constitution.

He concluded with a reminder: “The 1992 Constitution demands equal justice for all citizens.” Due process should not be an exception, even for unelected judges under inquiry.