Legal practitioner Kwaku Azar has provided counsel for the next Chief Justice after the President suspended the current chief justice to allow for a probe into petitions for her removal.
In a ten-point Facebook post, Kwaku Azar who petitioned president Nana Addo Dankwa Akufo-Addo for the removal of the Chief Justice advised that the new Chief Justice should know that he/she is not a presidential appointee-in-Chief.
Also, he advised against brokering of Supreme Court appointment saying “You have no constitutional role in selecting who joins the Supreme Court. Recommending names directly to the President or negotiating appointments behind closed doors undermines the Judicial Council and breeds distrust. Leave the nominating to those constitutionally empowered to do so”.
He urged the new Chief Justice to at all times choose the constitution over pressure from politicians.
“You will face pressure—from Presidents, politicians, and even within. When those moments come—and they will—choose the Constitution. Even when it costs you. Especially when it costs you.”
Meanwhile, the government has clarified that the suspension of the Chief Justice does not mean she has been sacked from her position but rather a move to pave way for a probe into petitions brought against her.
Read His Counsel Below
Dear Future Chief Justice,
Nobody enjoys petitioning for the removal of a Chief Justice. GOGO does not. No President relishes the duty of determining a prima facie case or suspending a sitting Chief Justice. They would rather be pursuing their own agenda, not refereeing institutional crises.
But when the circumstances demand it, neither citizens nor Presidents should shrink from their constitutional functions. These moments, however painful, are also reminders: the Constitution is not ornamental—it is operational.
We must ensure that such moments become rare. The best way to do so is to cultivate a Judiciary that is both strong and restrained. To that end, here are ten principles to guide your stewardship:
1. You Are Not a Presidential Appointee-in-Chief:
Your authority does not derive from executive grace. It flows from the Constitution. Maintain professional distance from the Executive. Never act as an emissary for its agenda. Your loyalty must be to the institution, not the appointing authority.
2. Do Not Broker Supreme Court Appointments:
You have no constitutional role in selecting who joins the Supreme Court. Recommending names directly to the President or negotiating appointments behind closed doors undermines the Judicial Council and breeds distrust. Leave the nominating to those constitutionally empowered to do so.
3. Respect the Bench You Lead:
Once a panel is duly constituted and a case is ongoing, do not interfere. Reassigning judges mid-trial without cause is constitutionally suspect and institutionally corrosive. Justice is not a chessboard. The bench is not yours to reshuffle at will.
4. Issue Rules the Right Way:
Do not bypass the Rules of Court Committee or the constitutional procedure for regulating court practice. Practice directions, however urgent or popular, must follow Article 157(2). Anything less is both unconstitutional and unsustainable.
5. Avoid Side Deals on Court Composition:
Any attempt to increase the minimum number of Supreme Court Justices must go through Parliament. Do not treat constitutional thresholds as bargaining chips with the Executive. The Constitution is not a backroom agreement.
6. Transfer Judges with Transparency and Fairness:
Transfers must not be punitive, strategic, or opaque. Moving judges in response to their rulings—or to influence outcomes—threatens the judiciary’s credibility. Let objective criteria, not internal politics, govern such decisions.
7. Do Not Weaponize Access or Loyalty:
Never create the impression that proximity to your office or personal loyalty is a pathway to elevation. Favoritism—real or perceived—erodes morale, breeds factionalism, and weakens the judiciary’s meritocratic spine. Let your door be open to all judges equally, and let your decisions reflect principle, not patronage.
8. Stay in Your Constitutional Lane:
Administrative leadership is not judicial imperialism. Consult widely, respect committees, and involve your peers. Lead with humility. Command respect, not obedience.
9. Preserve the Judiciary’s Institutional Voice:
Speak through judgments and collective policy, not unilateral directives. Avoid grand launches, circulars without legal backing, and publicity stunts. The judiciary earns its legitimacy through restraint, not spectacle.
10. When in Doubt, Choose the Constitution Over Convenience:
You will face pressure—from Presidents, politicians, and even within. When those moments come—and they will—choose the Constitution. Even when it costs you. Especially when it costs you.
History will judge you not by how long you served, but by how faithfully you protected the independence of the Judiciary.
Serve with courage!
Guard the institution!!
And always remember:
you are the nation’s Chief Justice, not the President’s chief judge.
Respectfully,
GOGO (A Servant of the Constitution)
Da Yie!
