Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has weighed in on concerns surrounding judicial independence, stressing that the loyalty of judges must lie solely with the Constitution and not with the political parties that nominate or appoint them.
Speaking in an interview with TV3 on Wednesday, May 7, 2025, Mr. Ansa-Asare criticized the entrenched culture of political bias in appointments, arguing that it undermines the integrity of Ghana’s judiciary.
“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 said.
He was, however, quick to clarify that once an individual is appointed to the bench, their obligation is to the nation, not the political group that facilitated their appointment.
“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.”
To drive home his point, Mr. Ansa-Asare recalled a notable historical example of judicial independence during Ghana’s early post-independence era.
“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.’”
He believes that if such courage and fidelity to the law were the norm rather than the exception, Ghana’s governance and democracy would be on firmer ground.
“If we can emulate those examples, there will be no problem for this country,” he said.
