Prof Kwaku Azar explains why he sought to remove Gertrude Torkornoo under Akufo-Addo

Renowned academic, Prof. Stephen Kwaku Asare (aka Kwaku Azar) has elaborated on the constitutional breaches that motivated his petition for an investigation into the Chief Justice.

Speaking on the KeyPoints on April 26, he emphasized that his concerns centered on the violation of “decisional independence” within the judiciary.

While judicial independence is often discussed in terms of external interference from the executive, Prof. Asare explained that internal interference — such as a Chief Justice influencing judicial panels or appointments is equally dangerous.

According to him, the Chief Justice unlawfully inserted herself into the nomination of Supreme Court justices by submitting a list of preferred candidates to the then-President, Nana Akufo-Addo, a process not envisioned by the Constitution.

“Every member of the Supreme Court is equal. No one, not even the Chief Justice, should be seen as determining who gets appointed,” he stressed.

He also condemned the practice of reconstituting panels after cases have commenced, a move he argued the Constitution clearly forbids.

“The Chief Justice has no administrative authority over panels once cases have started,” he said, adding that such actions compromise the impartiality of the courts.

Prof. Asare warned that if such practices are left unchallenged, they would create a toxic culture within the judiciary where judges feel beholden to the Chief Justice for promotions and appointments, rather than to their judicial oath.

He has cautioned that the failure to investigate constitutional breaches allegedly committed by the suspended Chief Justice, Gertrude Torkonoo could set a dangerous precedent for Ghana’s judiciary.

In detailing his reasons for filing a petition against the Chief Justice, Prof. Asare highlighted three main grievances: unconstitutional interference in judicial appointments, unlawful reconstitution of court panels, and improper use of decrees without following constitutional procedures.

He pointed out that no previous Chief Justices from Justice Wiredu to Justice Anin Yeboah ever attempted to unilaterally suggest nominees for the Supreme Court.

“They all knew it was fatally and incurably flawed and unconstitutional,” he said.

Prof. Asare explained that allowing the Chief Justice to recommend who should be appointed to the Supreme Court risks eroding judicial independence. Judges may feel pressured to please the Chief Justice to secure promotions, fundamentally altering the judiciary’s culture and damaging public trust.

“There is no breach of the Constitution as serious as allowing a Chief Justice to decide who gets promoted,” he warned. “Once you allow that, you compromise incurably the independence of the judiciary.”

He also questioned the independence of the Council of State, alleging that members had already dismissed his petition as “stupidity” even before reviewing it, further undermining faith in the oversight process.

The post Prof Kwaku Azar explains why he sought to remove Gertrude Torkornoo under Akufo-Addo first appeared on 3News.

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