Speaking on the KeyPoints program with Alfred Ocansey on April 26th, marking his first public comments on the petition, he asserted that his case was founded on solid facts, not just unsubstantiated claims.
He clarified that when submitting a petition to the President, the petitioner is not required to present exhaustive proof but rather to demonstrate sufficient cause for a formal investigation.
Professor Asare stated that his petition included specific dates, events, and even the names of potential witnesses, such as Justice Dzamefe, who could provide testimony during an inquiry.
“Those who assert that I had no evidence misunderstand the procedure. The President does not act as a judge of facts. His responsibility was solely to determine if there were sufficient grounds to refer the matter to a committee,” he explained.
Professor Asare disclosed that the actions of the suspended Chief Justice, Gertrude Torkornoo, in designating particular judges for promotion and modifying court panels while hearings were underway, constituted significant violations of judicial protocol and constitutional principles.
He also pointed to instances where directives concerning the regulation of courts were issued without following the constitutional requirement of collaboration with the Judicial Council and Parliament.
He characterized these actions as a serious infringement upon the Constitution and emphasized that addressing them is crucial to prevent a future where Chief Justices possess unfettered authority over the judiciary.
“If we fail to resolve these issues now, we risk establishing practices that could undermine the integrity of the courts,” he cautioned.
Ultimately, Professor Asare’s petition was unsuccessful as President Akufo-Addo and the Council of State did not deem it worthy of further action.
