CJ removal: 'When the Constitution says ‘shall’, it means ‘shall’ - Kwaku Ansa-Asare

Former Director of the Ghana School of Law, Kwaku Ansa-Asare, spoke out on constitutional issues. He appeared on JoyNews’ PM Express on May 21. He criticized a growing disregard for constitutional provisions in Ghana.

Ansa-Asare emphasized that the 1992 Constitution is not optional. He stated it is the supreme law of the land. Public officials must comply with its mandates without interpretation or political maneuvering.

He highlighted Article 125, which encourages public participation in justice administration. He noted that even judicial independence is subject to the Constitution.

Ansa-Asare warned that some officials treat constitutional mandates as optional. He quoted Kofi Kumado, saying democracy differs from constitutionalism. “We may be democratic, but are we constitutional?” he asked.

He indirectly addressed the controversy surrounding the Chief Justice and her impeachment petition. Ansa-Asare accused judiciary members of ignoring constitutional mechanisms and acting recklessly.

He questioned if the Chief Justice consulted the Judicial Council first. This body exists to guide her actions properly.

“The Judicial Council helps the Chief Justice behave herself,” he said. “The Council of State serves a similar purpose for the President.”

These structures were designed to ensure power-wielders act responsibly. They should serve as moral and legal guides for governance.

Ansa-Asare described how the CJ’s removal process has become a dangerous provocation. “What they are doing provokes the committee,” he said.

“It seems they want to push the committee into unconstitutional actions.”

He expressed disappointment over politicizing what should be a legal process.

“Now, everything is politics,” he lamented. The CJ removal process has overshadowed transparency and legality with political concerns.