Prominent US-based Ghanaian lawyer and academic, Professor Stephen Kwaku Asare, also known as Kwaku Azar, has expressed his dissatisfaction with how former President Nana Addo Dankwa Akufo-Addo handled a 2024 petition concerning the removal of Chief Justice Gertrude Torkornoo.
According to a letter on social media by Mahama Ayariga, the Majority Leader of Parliament, Akufo-Addo dismissed Azar’s petition after forwarding a response from the Chief Justice to the Council of State, without soliciting Azar’s input. Azar claims this move by the former President breached Article 146(6) of Ghana’s 1992 Constitution, which mandates a two-phase process—the filter phase and the forum phase—to remove a Chief Justice.
Azar criticised the President’s decision on social media, particularly on April 16, 2025, emphasizing that the filter phase should be a threshold screening mechanism based solely on the petition without needing a response from the Chief Justice. If prima facie evidence exists, the process should move to the forum phase, where a complete inquiry is conducted allowing both parties to present evidence.
The omission of Azar’s opportunity to see the Chief Justice’s response, or even know of its existence, is a serious oversight, according to the scholar. The situation has raised concerns about transparency and fairness in following due process, particularly when the President’s publicly released decision lacks mention of the Chief Justice’s input or any procedural deliberation that may affect the petition’s outcome.
Background:
In December 2024, Akufo-Addo rejected Azar’s petition regarding Chief Justice Torkornoo due to a perceived lack of basis. However, the leaked correspondence indicates Akufo-Addo initiated the necessary legal proceedings by requesting a reply from the Chief Justice, which was later submitted with supporting materials to the Council of State.
Azar asserts that the constitutional process should have allowed him the opportunity to read, understand, and respond to the Chief Justice’s submissions. He calls for a reevaluation of Article 146 procedures to align with principles of natural justice and transparency, warning against the risks of a petition process that could conceal critical defenses and rebuttals from the public eye.
Source: https://www.ghanaweb.com/
