CJ cannot act as president under 1992 Constitution – Justice Adjei declares
Speaking during his vetting by Parliament’s Appointments Committee on Monday, June 16, Justice Adjei strongly rejected legal opinions suggesting that the Chief Justice could step in as acting President under constitutional provisions, labeling the argument “a relic of the past.”
Supreme Court nominee Justice Sir Dennis Dominic Adjei has dismissed claims that Ghana’s Chief Justice can lawfully assume presidential duties in the absence of both the President and Vice-President, calling such interpretations outdated and inconsistent with the 1992 Constitution.
Speaking during his vetting by Parliament’s Appointments Committee on Monday, June 16, Justice Adjei strongly rejected legal opinions suggesting that the Chief Justice could step in as acting President under constitutional provisions, labeling the argument “a relic of the past.”
He clarified that this notion draws from pre-independence arrangements—particularly under the 1957 Order in Council—where the Chief Justice could act in executive capacity on behalf of colonial administrators.
Referencing the case of Asare v Attorney-General, he stated, “That historical context no longer applies. There is absolutely no clause in the 1992 Constitution that allows the Chief Justice to take on executive functions.”
Justice Adjei warned that such interpretations risk undermining the doctrine of separation of powers and the integrity of the judiciary. “A judge’s role is to resolve disputes—not to govern. Blurring that line creates a serious conflict of interest,” he argued.
Addressing further questions from MPs on presidential succession under Article 60 of the Constitution, Justice Adjei expressed concern over court decisions that restrict the President’s authority based on physical presence in the country.
He urged a modern, purposive reading of the Constitution—one that reflects today’s technological advancements. “If governance can continue remotely through digital means, then physical absence should not be equated with constitutional incapacity,” he said.
Describing the Constitution as a “living organism,” Justice Adjei advocated for flexible and forward-looking interpretations. He drew inspiration from rulings like Zenator v Lawrence and Tufuor v Attorney-General, where purposive interpretation guided the courts in balancing legal text with societal context.
Known for his scholarly work in constitutional law, Justice Adjei is among seven nominees currently undergoing parliamentary vetting for elevation to Ghana’s Supreme Court.
