Martin Kpebu explains why Chief Justice Torkornoo should resign in public interest

Private legal practitioner Martin Luther Kpebu has called on suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo to step down from office, arguing that her resignation would best serve the national interest and protect the integrity of Ghana’s democracy.

Though acknowledging her constitutional right to remain in office while a committee investigates petitions for her removal, Mr. Kpebu believes her continued stay is doing more harm than good to public trust in the judiciary.

“Everything is permissible, but not everything is beneficial,” he said, quoting Apostle Paul from 1 Corinthians 6:12 during an interview on The Big Issue segment of TV3’s New Day on Thursday, May 22, 2025.

He explained that while the ongoing controversy may ultimately strengthen democratic institutions by sparking necessary national debate, it is currently causing a “crisis of confidence” in the judicial system.

“Our system, through this public debate, eventually will become stronger. The only thing is that, in the short term, it is going to create a crisis of confidence because we are talking about the Chief Justice and by extension the judicial system.

“So, it is going to, in the meantime, reduce confidence in the judicial system,” Kpebu said, stressing that stepping down would help restore public trust.

He urged Justice Torkornoo to put the collective interest of the nation above her personal and legal rights, suggesting that her resignation would be a selfless act of leadership in a time of institutional strain.

“That's why I keep saying that Chief Justice Torkornoo can help the system by resigning. It will help us. She's fought enough, there's been public debate enough so that the system can begin to heal.

“You have a right but it's not everything that is beneficial so sometimes you look at your rights and say no, I'll walk away because of the interest of the larger majority, the public interest, the interest of society, I'll forgo this my right. So if Chief Justice Torkornoo were to resign, that will be a good application of the principle,” he said.

Mr. Kpebu’s comments come in the wake of a fresh legal challenge from the Chief Justice, who on Wednesday, May 21, 2025, filed an application at the Supreme Court seeking an interlocutory injunction to halt the committee investigating her removal. She is also asking that Justices Pwamang and Adibu-Asiedu be excluded from participating in the proceedings.

As legal tensions rise, Kpebu’s appeal underscores the broader concerns over institutional credibility and the long-term impact of the unfolding drama on Ghana’s democratic framework.