Suspended CJ Torkornoo cannot resign due to ongoing disciplinary proceedings – Edudzi Tameklo

Godwin Edudzi Tameklo is the Director of Legal Affairs for the National Democratic Congress. He stated that suspended Chief Justice Torkornoo cannot resign due to ongoing disciplinary proceedings.

Tameklo referenced a ruling from former Chief Justice Kwasi Anin-Yeboah. In the case of Justice Kojo Amoah vs Attorney-General, he ruled on October 29, 2015, that a sitting judge cannot resign during disciplinary or impeachment processes.

Speaking on TV3’s KeyPoints on May 24, 2025, Tameklo explained further. He said there must be notification to the President before a judge can resign. This ensures no pending disciplinary actions exist against the judge seeking voluntary retirement.

He believes this requirement aligns with both legal principles and common sense. The key question is whether the President can refuse a resignation if there are complaints against the judge.

Tameklo cited the 2015 Supreme Court ruling to support his view. He noted that when the plaintiff notified the President of their intention to resign, disciplinary proceedings were already underway. Therefore, he argued that the President was not obligated to accept the resignation.

Accepting it would undermine carefully drafted disciplinary procedures for judges under the constitution. Thus, he disagreed with claims that refusing the resignation was wrong.

Tameklo also mentioned John Mahama's confidence in Chief Justice Gertrude Torkornoo when she was nominated. Mahama advised NDC members not to oppose her appointment.

The approval for Torkornoo was unanimous at both committee and plenary levels. Tameklo emphasized Mahama's strong belief in her capabilities.

He added that Justice Torkornoo's suspension resulted solely from received petitions. Mahama had no way of predicting how she would act while in office.