Kwaku Azar backs Supreme Court ruling, says acting CJ has no personal stake

Legal scholar Professor Stephen Kwaku Asare, known as Kwaku Azar, has commented on the Supreme Court's recent decision. The court dismissed a case aimed at stopping the Acting Chief Justice from participating in Chief Justice Gertrude Torkornoo's removal process. Azar described this outcome as expected and constitutionally sound.

In a Facebook post titled “No Surprises,” he questioned the basis of the lawsuit. The suit claimed that the Acting Chief Justice had a personal interest and should recuse himself. Azar argued that this claim is “difficult to sustain—both legally and logically.”

He explained that the Acting Chief Justice assumes his role through constitutional command, not political favor. According to Article 144(6) of the 1992 Constitution, the most senior Supreme Court Justice acts as Chief Justice when needed.

Azar noted that there is no guarantee the Acting Chief Justice will be appointed permanently if petitions succeed. Such an appointment is solely up to the President and follows constitutional processes. He stated that suggesting a personal stake in the outcome misunderstands constitutional succession and judicial service.

Regarding attempts to secure an injunction against the Acting CJ, Azar called it extraordinary and destabilizing. He emphasized that injunctions against constitutional officers are rare remedies. They should only be granted with compelling legal grounds and clear evidence of violations.

Azar warned that granting such an injunction could undermine constitutional principles. It would also threaten judicial stability, which relies on defined roles and succession mechanisms. His comments followed the Supreme Court's dismissal of an injunction application, allowing the Acting Chief Justice to continue his duties in ongoing petitions involving the suspended Chief Justice.

Read his full post on Facebook for more details.