Martin Amidu has cautioned that any attempt by President John Dramani Mahama to accept the resignation of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo after the establishment of a prima facie case and her suspension would amount to a breach of his constitutional oath and a direct obstruction of justice.
The former Special Prosecutor and Attorney General argued that accepting such a resignation would undermine citizens' constitutional rights to pursue petitions against justices of the superior court and defeat the very purpose of Article 146's accountability framework. "By parity of reasoning, the President who is the recipient of petitions for the removal of the Chief Justice will be abusing his oath of office to obstruct the right of a citizen petitioner to prosecute his petition against the respondent Chief Justice by accepting her resignation after the determination of a prima facie case, the appointment of the pursuant committee to inquire into the petition and her suspension from office.
What is good for the goose is good for the gander!" he wrote in an opinion piece.
Amidu recalled a rare precedent in 1998 when Supreme Court Justice Kweku Etrew Amua-Sekyi was allowed to resign after a prima facie case had been established against him.
