Former Director of the Ghana School of Law, Kwaku Ansa Asare, has advised President John Dramani Mahama and Attorney General Dr Dominic Ayine to refrain from responding to calls by the Minority in Parliament concerning recent remarks by suspended Chief Justice Gertrude Torkornoo.
Justice Torkornoo, in her first public address since the initiation of investigations into three petitions for her removal, alleged procedural breaches, violations of her human rights, and a “grand conspiracy” to oust her unjustly.
In response, the Minority demanded an urgent public statement from both the President and the Attorney General. At a press conference on Friday, June 27, Asokwa MP Nana Agyei Baffour Awuah criticised their silence, describing it as untenable given the gravity of the Chief Justice’s allegations.
However, speaking on JoyNews’ The Pulse, Mr Ansa Asare dismissed the Minority’s call as “misguided and unconstitutional.”
“The President and the Attorney General have a constitutional obligation to remain silent. Matters will fall outside the constitutional framework if they respond,” he stated.
He referenced Article 146 of the 1992 Constitution, which outlines the procedure for the removal of a Chief Justice.
“Nowhere in Article 146 does it explain or permit such exchanges. Once the President sets up a committee and the committee is working, he has no further role until their report is submitted,” he clarified.
According to Ansa Asare, the Attorney General, acting under presidential authority, must equally respect the bounds of the Constitution and refrain from intervening in an ongoing process.
“The President must respect and abide by the constitutional arrangement regarding the Chief Justice’s removal process,” he reiterated.
He further criticised the Minority’s actions, claiming they reflect deeper leadership issues within the NPP.
“There is a leadership crisis in the NPP. Since the deaths of some prominent people, the party has been without a capable leader. They appear to be in disarray,” he remarked.
“The Minority makes ugly noises to create the impression that the NPP is still a viable political force. But in doing so, they are acting unconstitutionally,” he added.
Reflecting on the past administration, Mr Ansa Asare said:
“During former President Akufo-Addo’s tenure, the judiciary was bastardised. The Minority’s current posture seems to be a misguided attempt to undo that damage.”
He issued a strong warning to the President: “Should the President respond, he would be violating the presidential oath he swore before the people—to defend and uphold the Constitution.”
Describing the Minority’s demand as a “desperate and ill-advised move,” he said: “It’s like a wailing child who needs parental attention. If they feel fatherless, they should return to their party headquarters, hold an internal review, and resolve their issues rather than plunging the nation into a constitutional crisis.”
Ansa Asare concluded with a firm caution: “They do not deserve media attention on this matter.”
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