Lawyer and Democracy and Development Fellow in Public Law and Justice at CDD-Ghana, Professor Stephen Kwaku Asare, known commonly as Kwaku Azar, has rejected claims that the Acting Chief Justice Paul Baffoe Bonnie has an interest in the outcome of the petitions seeking the removal of Chief Justice Gertrude Torkornoo.
Prof. Asare indicated in a Facebook post on Tuesday, May 6, that it is “difficult to sustain” such claims “legally and logically” because the Acting Chief Justice assumes the role due to constitutional command, not personal ambition or executive discretion.
In his analysis, the US-based Ghanaian lawyer and scholar explained that the “acting role is a function of seniority and circumstance —not personal choice”, stating that there is no assurance that the Acting Chief Justice will be appointed as the substantive Chief Justice if the petitions succeed, as the appointment is the prerogative of the President, following the prescribed constitutional process.
On the injunction sought by Old Tafo MP Vincent Ekow Assafuah through his counsel, Godfred Yeboah Dame, Prof. Asare noted that courts approach such applications with caution, guided by principles of judicial restraint and separation of powers.
He stated that such relief should be granted only where there is a compelling legal foundation and clear evidence of a constitutional or statutory violation.
Prof. Asare warned that granting such an injunction would risk destabilizing the constitutional architecture.
“To enjoin a constitutionally-designated officer from performing duties that arise solely out of constitutional necessity—not self-interest—is to risk destabilizing the careful equilibrium of our constitutional architecture.”
