Partisan politics fueling mistrust in Chief Justice’s removal petition process

A former Director of the Ghana School of Law, Kwaku Ansa-Asare, has raised concerns about the perceived partisan politicisation of the proceedings in the three petitions asking to remove Chief Justice Gertrude Torkornoo from office.

According to him, the perceptions of partisan politicisation could weaken public confidence in the judiciary.

Speaking in an interview with TV3 on Wednesday, May 7, 2025, Mr Ansa-Asare stated that political interests were inevitably involved in the constitutional processes because the people who operate them are not neutral actors.

“Well, as for it being politicised, every human being is a political animal,” he said in an answer to a question on whether there was partisan politics involved in the process.

“And therefore, if we take it from that perspective, whatever we do, people will read meaning into it. The constitutional mechanism has been spelt out. It is the human agent who operates the Constitution. And the human agents who operate the Constitution have their political interests challenged,” he added.

According to Mr Ansa-Asare, once politicians set a constitutional process in motion, public perception of political influence becomes difficult to ignore.

“Once we recognise and acknowledge the fact that it is politicians who set the machinery in motion, one can always conclude that it is being politicised,” he said.

He called on constitutional actors, particularly the judiciary, to correct these perceptions through their conduct.

“It is up to the operators of the Constitution to disabuse the minds of the populace that this impression or perception that we have does not chime with what they do,” he added.

Mr Ansa-Asare warned that if such doubts are not addressed, Ghanaians would continue to view appointments and legal decisions through a partisan lens.

“People will continue to say that if Akufo-Addo appoints, he is politicising; then Mahama appoints, politicising,” he said.

“At the end of the day, we must have confidence in the system that the operators will do what the Constitution has mandated them to do.”

He also commented on public expectations that judicial appointments should serve political ends.

“The way things happen in Ghana, we tend to over-satisfy our followers. So, if there is an NPP government in power, then they will look for judges who will be sympathetic to their political aspirations,” he noted.

Despite these challenges, Mr Ansa-Asare expressed hope that the judiciary would remain loyal to the Constitution, regardless of who appointed them.

“Once a judge has been appointed, whether from NPP or NDC or whatever, the judge becomes a justice of the Court of Ghana. And therefore, if you are a justice of the Supreme Court, your loyalty must always be to the Constitution and not to the person who appoints you.”

He cited past instances of judicial independence, recalling, “Sir Arku Korsah, I’m told, we are always reminded that he told Nkrumah to his face that, ‘You appointed me, but my loyalty is not to your personality, but to the Constitution of Ghana.’”

Mr Ansa-Asare added that if such examples of independence were followed, Ghana would be in a stronger position.

“If we can emulate those examples, there will be no problem for this country,” he said.