Kwaku Azar critiques Akufo-Addo’s handling of CJ petition

Professor Stephen Kwaku Asare, known as Kwaku Azar, has joined the debate about removing Ghana’s Chief Justice. He emphasizes the need for clarity on the prima facie standard. He also warns against political interference in judicial accountability.

On his Facebook page, he noted that President Mahama recently stated a petition to remove the Chief Justice shows a prima facie case. This has sparked significant public discussion about what this threshold means.

Asare believes this is a chance to revisit former President Akufo-Addo’s January 2025 decision on a similar petition. He argues that decision was flawed and lacked proper scrutiny.

He stated that misapplying the law undermines public confidence and threatens constitutional balance. The executive should not interfere with independent judicial inquiries.

According to Asare, a prima facie case means allegations warrant further investigation if true. It does not imply guilt or final judgment. He stressed that the President's role at this stage is procedural, not evaluative.

He criticized Akufo-Addo’s handling of the 2025 petition for several reasons. These include misapplying the prima facie standard by demanding proof instead of credible allegations. He also mentioned usurping the investigative committee's role and using biased language against the petitioner.

Asare pointed out unequal treatment compared to past cases and improper disqualification based on legal interpretation. He noted that the Council of State quickly dismissed the petition, compromising the process.

He warned that ignoring such a flawed decision could harm judicial accountability. Allowing it to stand would suggest serious allegations against top judiciary officials can be dismissed without inquiry.

Asare praised the current President for referring the latest petition for investigation. He believes this aligns better with constitutional standards.

This action reflects an understanding of the President’s limited screening role and preserves Article 146's integrity. He urged Ghanaians to prioritize principle over partisanship in defending judicial independence.