A letter written by Professor Stephen Kwaku Asare, Fellow in Public Law and Justice at CDD-Ghana, following Chief Justice Gertrude Torkonoo’s suspension by President Mahama, has sparked intense contemplation on the serious responsibilities of constitutional guardianship and the significance of judicial leadership.
The President’s decision to suspend the current Chief Justice after a prima facie finding of possible misconduct, which was based on Article 146(10) of the Constitution, has generated mixed reactions.
Some have praised the action as evidence of accountability and the rule of law, while others, especially those in the opposition New Patriotic Party (NPP), have criticised it as a risky attempt at executive overreach.
Professor Asare, popularly known as “Kwaku Azar,” provides a ten-point moral and constitutional compass in an open letter to the future Chief Justice that is incredibly relevant.
Professor Asare’s letter stands out as a voice of principled clarity in the midst of conflicting narratives, reminding the country that upholding the constitution must be the top priority, particularly during times of institutional strain.
“Nobody enjoys petitioning for the removal of a Chief Justice. GOGO does not. No President relishes the duty of determining a prima facie case or suspending a sitting Chief Justice.
“They would rather be pursuing their own agenda, not refereeing institutional crises. But when the circumstances demand it, neither citizens nor Presidents should shrink from their constitutional functions”.
Professor Stephen Kwaku Asare, CDD-Ghana Fellow in Public Law and Justice
Professor Asare contends that the judiciary’s strength is found in the predictability of its procedures rather than the stature of its members.
His first point is a potent critique of the personalisation of public office, which is a developing trend in Ghanaian politics.
“Your authority does not derive from executive grace. It flows from the Constitution. Maintain professional distance from the Executive. Never act as an emissary for its agenda. Your loyalty must be to the institution, not the appointing authority”.
Professor Stephen Kwaku Asare, CDD-Ghana Fellow in Public Law and Justice
This reminder is both radical and essential in an era where political loyalty is increasingly used to evaluate judicial appointments.
Selection of Justices to the Apex Court
The selection of justices for the Supreme Court has been one of the most divisive topics in recent months.
Professor Asare claimed that the suspended Chief Justice’s purported behind-the-scenes involvement in recommending judges to the President directly was regrettable and unconstitutional.
“You have no constitutional role in selecting who joins the Supreme Court,” Professor Asare stated bluntly. The constitutionally required body for such procedures, according to Professor Asare, is the Judicial Council, not the Chief Justice acting alone.
He contended that disregarding that framework erodes the integrity of the judiciary and fosters institutional mistrust.
His opposition to the politicisation of court assignments and the capricious reorganisation of judges is equally noteworthy.
“Once a panel is duly constituted and a case is ongoing, do not interfere. Reassigning judges mid-trial without cause is constitutionally suspect and institutionally corrosive. Justice is not a chessboard. The bench is not yours to reshuffle at will”.
Professor Stephen Kwaku Asare, CDD-Ghana Fellow in Public Law and Justice
Professor Asare further warned against favouritism, which he calls the “weaponisation of access or loyalty.” This is perhaps the most scathing of his warnings.
Factionalism thrives and morale plummets when judicial assignments and promotions are perceived to depend more on proximity to authority than on skill or merit.
He emphasized that the Chief Justice should be available to everyone and impartial toward no one.
Professor Asare’s criticism of what is sometimes referred to as “judicial performance theatre”—practice directives given outside of the proper legal channels, ostentatious projects launched without due process, and an emphasis on publicity over substance—is also very important.
He maintained that the judiciary gains legitimacy via restraint and constitutional discipline rather than showmanship.
“You will face pressure from Presidents, politicians, and even within. When those moments come—and they will—choose the Constitution. Even when it costs you. Especially when it costs you.
History will judge you not by how long you served, but by how faithfully you protected the independence of the Judiciary”.
Professor Stephen Kwaku Asare, CDD-Ghana Fellow in Public Law and Justice
Professor Asare’s warning emphasises that upholding constitutional values frequently has a price. But true leadership is put to the test right there, when the stakes are high.
Professor Asare’s remarks should be interpreted as a civic gospel for everyone who values judicial independence rather than as a critique of a particular person.
His advice to the future Chief Justice, as well as to all public employees, is clear: “Protect the institution. Serve bravely. And never forget that you are the Chief Justice of the country, not the Chief Judge of the President”.
He correctly stressed that the Constitution is not ornamental. It’s working, and it needs to be handled as such.
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