By Former Director of Legal Education and former Director of the Ghana School of Law, Kwaku Ansa-Asare, has criticised the composition of the Council of State, saying that it has become overwhelmingly partisan and no longer provides an environment where members can freely express independent opinions.
Speaking on JoyNews’ Newsfile on Saturday, June 20, during a discussion on recent high-profile resignations, including former Chief Justice Sophia Akuffo’s resignation from the Council of State, Ansa-Asare suggested that the political makeup of the advisory body may have contributed to the departure of some members.
“If you look at the composition of the Council of State, it’s 100 per cent partisan,” he said.
“Just look at the composition. It’s all partisan. So, you will not feel free. You will not have an independent mind.”
According to him, the political atmosphere within the Council could have influenced the decision of former Chief Justice Georgina Wood not to remain a member.
“Maybe, presumably, that might have orchestrated the self-removal, if I may say so, for her ladyship Georgina Wood,” he stated.
Ansa-Asare said that a body established to advise the President should allow members to express their views without fear or political pressure.
“This is a place that you go, where you cannot speak your mind. What is this body that you can’t exercise your freedom of speech, freedom of choice and freedom of expression? Therefore, people will find it very difficult and uncomfortable.”
He called for reforms to make the Council more representative of different political and ideological perspectives.
“Maybe we need to amend it so that we bring in all shades of opinion. We have to,” he said.
“We’ve reached a stage where any person who finds himself or herself on the opposite side will leave. That’s unfortunate and regrettable.”
The legal academic also weighed in on discussions surrounding who could replace Sophia Akuffo on the Council of State.
Responding to suggestions that former Chief Justice Gertrude Torkornoo could be considered, he rejected the idea, saying that her removal from office disqualifies her from being regarded as a former Chief Justice for constitutional purposes.
“My submission at first is that Gertrude Torkornoo is not a former Chief Justice. If you have been removed, you are being removed,” he said.
He warned against what he described as attempts to redefine the constitutional position.
“This issue of whether Torkornoo is a former Chief Justice, we will pursue it to a point of absurdity and then make a laughing stock and a caricature of ourselves.”
“The person was removed. The person was not paid anything. The person was asked to pack in. And then, because we need a replacement, all of a sudden, she is a former Chief Justice. No. Constitutionally, that is not right.”
With Torkornoo ruled out in his view, Ansa-Asare turned his attention to former Chief Justice Kwasi Anin-Yeboah, predicting that his nomination would face strong political resistance.
“To be honest with you, the NDC will unanimously vote against Anin Yeboah. I can predict that. I’m a Ghanaian, so I know how these things work,” he said.
He said that appointing someone perceived to be politically aligned with the opposition would create unnecessary difficulties for President John Mahama.
“It will make life more uncomfortable for His Excellency the President, bringing in someone you know you cannot work with.”
According to Ansa-Asare, political realities cannot be ignored when making such appointments.
“If I were the President, I think on this issue I would have to seek counsel from the NDC. Would they be happy if I were to select Anin Yeboah?”
Recalling criticisms levelled against the former Chief Justice during his tenure, he questioned whether such an appointment would be practical.
“When he was in office, he was criticised as being an NPP Chief Justice. Do you think in good conscience that a President can happily settle on Anin Yeboah? Let’s face facts. It will not happen.”
He warned that any such appointment could trigger public backlash from members of the governing party.
“If it does, we’ll have NDC functionaries coming out publicly to insult him.”
Ansa-Asare suggested that former Chief Justice Georgina Wood may also be unwilling to accept an appointment if she had previously been overlooked.
“That leaves Georgina Wood. And if I were the President and Georgina Wood had been there before, and we don’t know why she was not retained, then we’ll have to use Anin Yeboah.”
“But if I were her ladyship, maybe because I had been bypassed, I would decline any invitation.”
