You Are The Nation’s CJ, Not the President’s Chief Judge; Kwaku Azar to Future CJ

Legal Practitioner Prof. Stephen Kwaku Asare, popularly known as Kwaku Azar, has penned down an open letter to the country’s next Chief Justice after Justice Gertrude Torkornoo was suspended.

According to him, the next CJ must always bear in mind that he or she serves the nation and not his appointer.

The lawyer who in 2024 unsuccessfully petitioned Nana Addo Dankwa Akufo-Addo for the removal of Torkornoo in his letter on April 22 affirmed that nobody enjoys petitioning for the removal of a Chief Justice.

However, he noted that when the circumstances demanded it, neither citizens nor Presidents should shrink from their constitutional functions.

“We must ensure that such moments become rare. The best way to do so is to cultivate a Judiciary that is both strong and restrained.”

Below are 10 principles he Recommended to Guide the Stewardship of Next CJ:
1. You Are Not a Presidential Appointee-in-Chief:
Your authority does not derive from executive grace. It flows from the Constitution. Maintain professional distance from the Executive. Never act as an emissary for its agenda. Your loyalty must be to the institution, not the appointing authority.

2. Do Not Broker Supreme Court Appointments:
You have no constitutional role in selecting who joins the Supreme Court. Recommending names directly to the President or negotiating appointments behind closed doors undermines the Judicial Council and breeds distrust. Leave the nominating to those constitutionally empowered to do so.

3. Respect the Bench You Lead:
Once a panel is duly constituted and a case is ongoing, do not interfere. Reassigning judges mid-trial without cause is constitutionally suspect and institutionally corrosive. Justice is not a chessboard. The bench is not yours to reshuffle at will.

4. Issue Rules the Right Way:
Do not bypass the Rules of Court Committee or the constitutional procedure for regulating court practice. Practice directions, however urgent or popular, must follow Article 157(2). Anything less is both unconstitutional and unsustainable.

5. Avoid Side Deals on Court Composition:
Any attempt to increase the minimum number of Supreme Court Justices must go through Parliament. Do not treat constitutional thresholds as bargaining chips with the Executive. The Constitution is not a backroom agreement.

6. Transfer Judges with Transparency and Fairness:
Transfers must not be punitive, strategic, or opaque. Moving judges in response to their rulings—or to influence outcomes—threatens the judiciary’s credibility. Let objective criteria, not internal politics, govern such decisions.

7. Do Not Weaponize Access or Loyalty:
Never create the impression that proximity to your office or personal loyalty is a pathway to elevation. Favoritism—real or perceived—erodes morale, breeds factionalism, and weakens the judiciary’s meritocratic spine. Let your door be open to all judges equally, and let your decisions reflect principle, not patronage.

8. Stay in Your Constitutional Lane:
Administrative leadership is not judicial imperialism. Consult widely, respect committees, and involve your peers. Lead with humility. Command respect, not obedience.

9. Preserve the Judiciary’s Institutional Voice:
Speak through judgments and collective policy, not unilateral directives. Avoid grand launches, circulars without legal backing, and publicity stunts. The judiciary earns its legitimacy through restraint, not spectacle.

10. When in Doubt, Choose the Constitution Over Convenience:
You will face pressure—from Presidents, politicians, and even within. When those moments come—and they will—choose the Constitution. Even when it costs you. Especially when it costs you.