Politics of Tuesday, 22 April 2025
Source: www.ghanawebbers.com
Legal practitioner Kwaku Azar has offered advice for the next Chief Justice. This follows the President's suspension of the current Chief Justice. The suspension allows for a probe into petitions for her removal.
In a ten-point Facebook post, Azar shared his insights. He previously petitioned President Nana Addo Dankwa Akufo-Addo for the Chief Justice's removal. He emphasized that the new Chief Justice should not act as a presidential appointee-in-chief.
Azar warned against negotiating Supreme Court appointments. He stated, “You have no constitutional role in selecting who joins the Supreme Court.” He added that recommending names to the President undermines trust and the Judicial Council.
He urged the new Chief Justice to prioritize the Constitution over political pressure. “You will face pressure—from Presidents, politicians, and even within,” he said. “When those moments come—and they will—choose the Constitution.”
The government clarified that suspending the Chief Justice does not mean she is fired. It is a step to investigate petitions against her.
Read His Counsel Below
Dear Future Chief Justice,
Petitioning for a Chief Justice's removal is never enjoyable. No President likes determining a prima facie case or suspending one either. They prefer pursuing their own agendas instead of managing institutional crises.
However, citizens and Presidents must fulfill their constitutional duties when necessary. These painful moments remind us: the Constitution is operational, not ornamental.
We must strive to make such situations rare by cultivating a strong Judiciary. Here are ten principles to guide your leadership:
1. You Are Not a Presidential Appointee-in-Chief:
Your authority comes from the Constitution, not executive grace. Maintain distance from the Executive and do not act as its emissary.
2. Do Not Broker Supreme Court Appointments:
You have no role in selecting Supreme Court justices directly. Recommending names or negotiating appointments undermines trust in the Judicial Council.
3. Respect the Bench You Lead:
Once a panel is formed and a case is ongoing, do not interfere with it.
4. Issue Rules Properly:
Follow constitutional procedures when regulating court practice; bypassing them is unconstitutional.
5. Avoid Side Deals on Court Composition:
Any changes to Supreme Court Justices must go through Parliament; do not treat these matters lightly.
6. Transfer Judges Transparently:
Transfers should be fair and based on objective criteria—not punitive or strategic moves influenced by rulings.
7. Do Not Weaponize Access or Loyalty:
Favoritism erodes morale and weakens meritocracy; ensure equal access for all judges.
8. Stay in Your Constitutional Lane:
Consult widely and respect committees; lead with humility rather than seeking obedience.
9. Preserve Institutional Voice:
Communicate through judgments and collective policy instead of unilateral directives or publicity stunts.
10. Choose Constitution Over Convenience:
When pressured by Presidents or politicians, always choose what’s right—even if it costs you personally.
History will judge you by how well you protect judicial independence—not by your tenure length.
Serve with courage! Guard this institution!
Remember: you are the nation’s Chief Justice—not merely an extension of presidential power.
Respectfully,
GOGO (A Servant of the Constitution)
Da Yie!