• About
  • Advertise
  • Privacy Policy
  • Contact
Saturday, October 18, 2025
  • Login
The Vaultz News
  • Top Stories
  • News
    • General News
    • Education
    • Health
    • Opinions
  • Economics
    • Economy
    • Finance
      • Banking
      • Insurance
      • Pension
    • Securities/Markets
  • Business
    • Agribusiness
    • Vaultz Business
    • Extractives/Energy
    • Real Estate
  • World
    • Africa
    • America
    • Europe
    • UK
    • USA
    • Asia
    • Around the Globe
  • Innovation
    • Technology
    • Wheels
  • Entertainment
  • 20MOBPL2DNew
  • Jobs & Scholarships
    • Job Vacancies
    • Scholarships
No Result
View All Result
The Vaultz News
  • Top Stories
  • News
    • General News
    • Education
    • Health
    • Opinions
  • Economics
    • Economy
    • Finance
      • Banking
      • Insurance
      • Pension
    • Securities/Markets
  • Business
    • Agribusiness
    • Vaultz Business
    • Extractives/Energy
    • Real Estate
  • World
    • Africa
    • America
    • Europe
    • UK
    • USA
    • Asia
    • Around the Globe
  • Innovation
    • Technology
    • Wheels
  • Entertainment
  • 20MOBPL2DNew
  • Jobs & Scholarships
    • Job Vacancies
    • Scholarships
No Result
View All Result
The Vaultz News
No Result
View All Result

Due Process Dead Amid CJ Petition Shortcuts

Lilian Ahedorby Lilian Ahedor
April 16, 2025
Reading Time: 6 mins read
Lilian Ahedorby Lilian Ahedor
in General News
0
Suspended Chief Justice and the Ghana Judiciary

Justice Gertrude Torkornoo, Suspended Chief Justice - Ghana.

In Ghana’s ever-evolving democratic journey, one thing remains clear: due process is non-negotiable. At the heart of this process lies audi alteram partem—“hear the other side.” 

Accordingly, legal scholar and Democracy and Development Fellow at CDD-Ghana, Prof. Stephen Kwaku Asare, has taken a bold stance on the integrity of judicial independence in the absence of due process. 

He challenged how Ghana’s constitutional mechanisms handle petitions—especially those seeking the removal of high-ranking judicial officials like the Chief Justice.

RelatedPosts

Barker-Vormawor Pushes for a Robust Framework to Recover Stolen Public Funds

Buaben Asamoa Declares United Party Plus Ready to Shock Establishment

United Party Different from Other Third Force Seekers – Solomon Owusu

In a detailed and impassioned statement, Prof. Asare argued that the Constitution’s Article 146(6) clearly defines a two-step procedure for the removal of the Chief Justice: the filter phase and the forum phase. 

“The filter stage, then the petitioner must, under the same principle of natural justice, be entitled to see and respond to that reply. Audi alteram partem is not satisfied by hearing just one side behind closed doors. I still maintain that the Constitution does not require the President to hear from the Chief Justice at the prima facie stage at all.”

Prof. Stephen Kwaku Asare

Prof. Asare emphasized that the filter phase is supposed to be a gatekeeping stage, led by the President in consultation with the Council of State, to determine if a petition raises a prima facie case. 

According to him, the forum phase, on the other hand, is where a full investigation occurs, with both sides given the chance to argue, rebut, and present evidence.

ADVERTISEMENT

However, in the wake of his own petition to remove the Chief Justice, Prof. Asare revealed that something went awry at the filter phase. 

The former President, H.E. Akufo-Addo, he alleged, sought a response from the Chief Justice before determining whether a prima facie case existed, without informing him, the petitioner, of this development.

Prof. Asare weighs in on the need to enforce due process
Professor Stephen Kwaku Azar Asare

“I recently submitted a petition for the removal of the Chief Justice. Consistent with the Constitution’s design, I expected the [former] President and the Council of State to assess the petition based on its contents—nothing more.” 

Prof. Stephen Kwaku Asare

That expectation was dashed when he discovered that a response from the Chief Justice had been solicited and factored into the President’s decision, yet the response was not disclosed to him. 

This step taken by former President Akufo-Addo, according to Prof. Asare, is a betrayal of procedural fairness.

“At the very least, I should have been given a copy of that response. I should have had the benefit of reading it, understanding it, and, if necessary, responding to it. That is the bare minimum the rules of natural justice require.”

Prof. Stephen Kwaku Asare

Due Process Fails, Legitimacy Drowns 

Due process is not just a procedural formality—it is the foundation of any healthy democracy, and Prof. Asare’s position underscores this principle. 

due process in CJ removal petition; judicial independence in focus
Law

He argued that when a petitioner is denied the opportunity to respond to a rebuttal that ultimately shapes the decision on their petition, the entire legitimacy of the process is compromised. “Without that opportunity, I was denied a voice in a conversation that decided the fate of my petition.”

The failure to share the Chief Justice’s rebuttal meant he was left powerless to point out flaws, inconsistencies, or contradictions in a document that weighed heavily on the final decision.

Prof. Asare made it clear that his call for due process to be followed is not a plea to reverse a personal outcome. Instead, it is a call for reform—one rooted in the democratic values that underpin the Constitution. 

He emphasized that this issue must be confronted now, before more petitioners find themselves voiceless in the face of power.

“I raise it to prompt a serious reconsideration of how we structure and execute the Article 146 process going forward. Because if the Constitution is to be a living instrument, then its application must evolve to reflect not just formal legality, but fairness, balance, and transparency.”

Prof. Stephen Kwaku Asare

In no uncertain terms, Prof. Asare warned that any process permitting secret rebuttals or one-sided assessments risks becoming a tool that shields the powerful and silences the citizenry.

the rule of law in Ghana
Martyrs of the Rule of Law Marker

“If the President chooses to receive and rely on the judge’s response at the filter stage, then the petitioner must, under the same principle of natural justice, be entitled to see and respond to that reply. Audi alteram partem is not satisfied by hearing just one side behind closed doors.”

Prof. Stephen Kwaku Asare

As such, Prof. Asare maintained that even with proposed modifications, the current approach remains flawed. 

He believes the best course is to strictly uphold the original intent of Article 146(6), which envisions the filter stage as a simple threshold check, without inviting or considering responses from the subject of the petition.

He believes the President and the Council of State must assess petitions strictly on their merit and content, in line with the principles of due process.

The appropriate space for rebuttals and equal engagement is during the forum phase, where both parties can present their case.

Accordingly, he emphasized that turning the initial filter into a quasi-trial undermines the constitutional design and compromises fairness.

He argued that when due process is subject to individual discretion rather than a rule-based procedure, justice becomes selective. 

This, he warned, risks corroding not only public faith in the judiciary but also in the broader democratic framework.

Prof. Asare’s concluding reflections are both cautionary and aspirational. He urged Ghana not to wait for further petitions or procedural missteps before reforming the process.

According to him, this reform must serve the Constitution, treat all parties fairly, and truly uphold the ideals of justice.

Because, as he rightly states, “Justice must not only be done. It must be done fairly, openly, and for all sides.”

READ ALSO: Trump Orders Tariff Probe to Curb China’s Mineral Grip 

Tags: Constitutional LawDue processGhana Judiciarylegal reformStephen Kwaku Asare
Please login to join discussion
Previous Post

Stonebwoy To Raise Funds for Pediatric Clinics

Next Post

Launched; One Million Coders to Transform Ghana And Africa’s Economy

Subscription Form

Related Posts

Osagyefo Mawuse Oliver Barker-Vormawor
General News

Barker-Vormawor Pushes for a Robust Framework to Recover Stolen Public Funds

October 18, 2025
Buaben Asamoa Declares United Party Plus Ready to Shock Establishment
General News

Buaben Asamoa Declares United Party Plus Ready to Shock Establishment

October 18, 2025
United Party Different from Other Third Force Seekers – Solomon Owusu
General News

United Party Different from Other Third Force Seekers – Solomon Owusu

October 18, 2025
Kennedy Agyapong Is Ghana’s Trump, Says Former Deputy Finance Minister
General News

Kennedy Agyapong Urges NPP to Listen to Ghanaians for 2028 Victory

October 17, 2025
Eduwatch Backs Govt’s Private Schools Free SHS Rollout, Demands Equity
General News

Eduwatch Backs Govt’s Private Schools Free SHS Rollout, Demands Equity

October 17, 2025
Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo
General News

Torkornoo Challenges Removal, Demands Halt of Chief Justice Nominee Vetting

October 17, 2025
Ghana and Nigeria Join Forces to Advance Energy Efficiency
Extractives/Energy

Ghana and Nigeria Join Forces to Advance Energy Efficiency

by Bless Banir YarayeOctober 18, 2025
Inflation Tamed, Reserves Rebuilt: Ghana’s Economic Revival Gains Global Recognition \a
Economy

Inflation Tamed, Reserves Rebuilt: Ghana’s Economic Revival Gains Global Recognition

by M.COctober 18, 2025
Osagyefo Mawuse Oliver Barker-Vormawor
General News

Barker-Vormawor Pushes for a Robust Framework to Recover Stolen Public Funds

by Evans Junior OwuOctober 18, 2025
Buaben Asamoa Declares United Party Plus Ready to Shock Establishment
General News

Buaben Asamoa Declares United Party Plus Ready to Shock Establishment

by Silas Kafui AssemOctober 18, 2025
United Party Different from Other Third Force Seekers – Solomon Owusu
General News

United Party Different from Other Third Force Seekers – Solomon Owusu

by Emmanuel Tibila BoasahOctober 18, 2025
Israel Commits Deadliest Breach Of Gaza Ceasefire
Asia

Israel Commits Deadliest Breach Of Gaza Ceasefire

by Comfort AmpomaaOctober 18, 2025
Ghana and Nigeria Join Forces to Advance Energy Efficiency
Inflation Tamed, Reserves Rebuilt: Ghana’s Economic Revival Gains Global Recognition \a
Osagyefo Mawuse Oliver Barker-Vormawor
Buaben Asamoa Declares United Party Plus Ready to Shock Establishment
United Party Different from Other Third Force Seekers – Solomon Owusu
Israel Commits Deadliest Breach Of Gaza Ceasefire

Recent News

Ghana and Nigeria Join Forces to Advance Energy Efficiency

Ghana and Nigeria Join Forces to Advance Energy Efficiency

October 18, 2025
Inflation Tamed, Reserves Rebuilt: Ghana’s Economic Revival Gains Global Recognition \a

Inflation Tamed, Reserves Rebuilt: Ghana’s Economic Revival Gains Global Recognition

October 18, 2025
Osagyefo Mawuse Oliver Barker-Vormawor

Barker-Vormawor Pushes for a Robust Framework to Recover Stolen Public Funds

October 18, 2025
Buaben Asamoa Declares United Party Plus Ready to Shock Establishment

Buaben Asamoa Declares United Party Plus Ready to Shock Establishment

October 18, 2025
United Party Different from Other Third Force Seekers – Solomon Owusu

United Party Different from Other Third Force Seekers – Solomon Owusu

October 18, 2025
Israel Commits Deadliest Breach Of Gaza Ceasefire

Israel Commits Deadliest Breach Of Gaza Ceasefire

October 18, 2025
The Vaultz News

Copyright © 2025 The Vaultz News. All rights reserved.

Navigate Site

  • About
  • Advertise
  • Privacy Policy
  • Contact

Follow Us

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Top Stories
  • News
    • General News
    • Education
    • Health
    • Opinions
  • Economics
    • Economy
    • Finance
      • Banking
      • Insurance
      • Pension
    • Securities/Markets
  • Business
    • Agribusiness
    • Vaultz Business
    • Extractives/Energy
    • Real Estate
  • World
    • Africa
    • America
    • Europe
    • UK
    • USA
    • Asia
    • Around the Globe
  • Innovation
    • Technology
    • Wheels
  • Entertainment
  • 20MOBPL2D
  • Jobs & Scholarships
    • Job Vacancies
    • Scholarships

Copyright © 2025 The Vaultz News. All rights reserved.

Discover the Details behind the story

Get an in-depth analysis of the news from our top editors

Enter your email address