Sophia Akuffo's appointment to Council of state constitutionally flawed-Ansa-Asare
According to him, the appointment created an avoidable problem because a more senior retired Chief Justice, Georgina Theodora Wood, was available and should have been considered ahead of Justice Akuffo.
Former Director of the Ghana School of Law, Kwaku Ansa-Asare, says the controversy surrounding former Chief Justice Sophia Akuffo’s resignation from the Council of State can be traced back to the decision to appoint her in the first place.
According to him, the appointment created an avoidable problem because a more senior retired Chief Justice, Georgina Theodora Wood, was available and should have been considered ahead of Justice Akuffo.
Speaking on Newsfile on Saturday, Mr Ansa-Asare said Article 89 of the Constitution provides for a retired Chief Justice to serve on the Council of State, and in his view, the principle of seniority should have guided that selection.
He said Justice Wood, who served as Chief Justice for ten years, was senior to Justice Akuffo and had rendered long and meritorious service to the country.
Mr Ansa-Asare rejected suggestions that Justice Wood’s earlier service on the Council of State meant she could not be appointed again.
He argued that the legal profession places great weight on seniority and that departing from that principle was bound to create difficulties.
Mr Ansa-Asare criticised the government for confirming the resignation only after the matter had become public.
He said the state should have been transparent from the beginning, rather than responding under media pressure.
He added that government must be more open in similar situations in future.
On Justice Akuffo’s conduct while serving on the Council, Mr Ansa-Asare said she may have placed herself in a difficult position after appearing before the Article 146 committee that investigated former Chief Justice Gertrude Torkornoo.
Justice Akuffo appeared before the committee at Justice Torkornoo’s request and testified in her defence.
She also publicly criticised aspects of the process, describing it as a “treason trial” and questioning whether the allegations met the threshold required for the removal of a Chief Justice.
Mr Ansa-Asare said Justice Akuffo, as a sitting member of the Council of State at the time, should have been more restrained.
He also raised concerns about reports that Justice Akuffo had abstained when the Council of State considered whether a prima facie case had been established against Justice Torkornoo.
Although Justice Akuffo did not publicly confirm the abstention, Mr Ansa-Asare said even a private disclosure that later entered the public domain could raise questions under the oath of secrecy.
He suggested that Justice Akuffo may have concluded that her continued stay on the Council had become untenable.
Mr Ansa-Asare said whether the resignation was voluntary, a protest, or the result of pressure from public criticism, the effect was the same.
