Kwaku Azar warns against politicizing CJ removal process

Renowned legal scholar Professor Stephen Kwaku Asare, known as Kwaku Azar, has issued a warning. He cautioned that political interference in removing the Chief Justice could harm Ghana’s democracy.

He commented on the debate about the prima facie threshold under Article 146. Professor Asare emphasized the importance of protecting judicial independence from political influence.

“The stakes in judicial removal proceedings are high,” he wrote on Facebook. This affects individual judges and the integrity of the judiciary. It also upholds the democratic principle that no official is above scrutiny.

Professor Asare criticized former President Akufo-Addo’s handling of a petition against the Chief Justice in January 2025. He pointed out dangerous flaws, especially regarding political involvement in a constitutional process.

“Former President Akufo-Addo’s prima facie determination short-circuited that process,” he said. It applied an incorrect standard and assumed powers meant for the investigative committee. This approach failed to inspire confidence in impartiality or adherence to constitutional principles.

He warned that dismissing credible allegations without proper inquiry risks creating a system where loyalty to power prevails over constitutional duty. “Allowing this flawed determination to stand unexamined sends the wrong message,” he stated.

Highlighting Article 146, he reminded Ghanaians of the President's role. The President should not shield the judiciary from scrutiny but allow credible allegations to be investigated properly. “It is not a final judgment or finding of guilt,” he emphasized.

Professor Asare called for strict procedural approaches instead of political ones. He praised the current President for referring a recent petition for further inquiry. This decision is a step toward restoring constitutional fidelity, he noted.

“It reflects an understanding of the President’s limited screening role,” he observed. It reaffirms the need to maintain integrity within Article 146 processes.