Chief Justice’s unilateral nomination of supreme court judges unconstitutional – Prof. Azar

Renowned Ghanaian legal scholar, Prof. Stephen Asare, popularly known as Kwaku Azar, has slammed the Chief Justice’s recent nomination of five judges to the Supreme Court, describing it as unconstitutional and a breach of judicial ethics.

In an article titled ‘The Imperial CJ Strikes Again’, Kwaku Azar said the Chief Justice’s involvement in proposing nominees could “compromise the separation of powers, which ensures that the judiciary remains independent from the executive branch.”

According to him, “The Chief Justice might have biases or vested interests that could influence her recommendations, leading to questions about the impartiality of the nominees.”

Prof. Azar also noted that the Chief Justice’s action constitutes a conflict of interest, as she is responsible for empanelling and reconstituting panels for the apex court.

“The Constitution and established protocols dictate in very clear terms the process for judicial nominations. Any deviation from these procedures is unlawful,” he emphasized.

Prof. Azar called for the Chief Justice’s action to be challenged, stating that it “undermines the principles of judicial independence and impartiality, constitutes an abuse of power, and creates a conflict of interest.”

“Such actions fall under the definition of misbehavior as outlined in Article 146(1) and therefore constitute grounds for removal.”

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