Dr. Kwaku Ansah Asare, former Director-General of the Ghana School of Law, has described the ongoing protest against the suspension of Chief Justice Gertrude Torkornoo as unnecessary.
A coalition led by the New Patriotic Party (NPP) is staging a public demonstration in Accra, demanding the immediate reinstatement of the Chief Justice.
President John Dramani Mahama suspended Justice Torkornoo on April 22, 2025, following the establishment of a prima facie case based on three separate petitions, in accordance with Article 146(6) of the 1992 Constitution.
Protesters began gathering early Monday near the Supreme Court and plan to march through key parts of the capital.
Organisers argue that the suspension undermines judicial independence and constitutes a politically motivated overreach.
The NPP is joined by other parties including the Liberal Party of Ghana (LPG), People’s National Party (PNP), and the Ghana Union Movement (GUM).
They claim the suspension threatens the foundations of Ghana’s democracy and have vowed to present formal petitions to both Parliament and the Presidency.
However, speaking on Morning Starr with Naa Dedei Tettey, Dr. Asare challenged the basis of the protest, stating that the President acted within his constitutional mandate.
Dr. Asare emphasized that the suspension procedure followed due process, including consultations with the Council of State and the establishment of a prima facie case.
While acknowledging past concerns over appointments not following seniority rankings, Dr. Asare clarified that this issue precedes the current administration and is not exclusive to this particular case.
He stated that although political undertones may exist due to the Chief Justice’s appointment by former President Akufo-Addo, the suspension itself does not violate constitutional provisions.
He said, “Well, from my point of view and personally, I would say it is not necessary. But from the point of view of the organizers, it is necessary and desirable. No one can quarrel with that. You know, since it’s their constitutional right. Let them just go ahead and exercise their constitutional right. Well, we’ve said it time and again, that the Constitution imposes a duty or obligation on the President to suspend the Chief Justice, provide a committee to set up pursuant to consultation between the Presidency and the Council of State, and also that the primer facie case has been raised.”
He added, “So, once the President has followed the conditions or the sequence outlined in the Constitution, I do not think that he has broken any law so far. Once the President has really not broken any constitutional provision, whatever he has done is within the intent of the premise of the Constitution. Since he has done no wrong, I don’t see any problem or trouble with the suspension of the Chief Justice. I have said time and again that even though I see the whole thing as arising from the fact that the incumbent Chief Justice was appointed by the former President, Nana Akufo-Addo, I have also explained that Justice Torkonoo was taken out of things, that she should have been allowed to remain in the queue. But past presidents, since independence, have not followed the seniority ranking. And therefore, from that perspective, I’ve had a challenge with the appointment of successive Chief Justices since they’re coming into force of the current Constitution.”
