The GBA claims that the Chief Justice’s suspension is unconstitutional due to the lack of published regulations governing the President’s discretion under Article 296(c). Here’s why that claim fails:

1. Supreme Court Already Decided This: In Ransford France v. Electoral Commission (2012), the Supreme Court unanimously held that not every discretionary act requires prior published regulations.

2. Literal Reading Rejected: Justice Date-Bah warned that a literal interpretation of Article 296(c) could lead to a “nuclear meltdown” of government, crippling normal administration.

3. Targeted Scope of Article 296(c): The Court ruled that Article 296(c) applies only to quasi-judicial situations, not to administrative acts such as suspending an official pending investigation. The Court clarified that “quasi-judicial” refers to adjudication.

4. Living Constitution Approach: Justice Atuguba emphasized that the Constitution must be interpreted dynamically to promote governance, not obstruct it with technicalities.

5. Absence of Regulations ≠ Automatic Unconstitutionality: The absence of regulations does not invalidate a discretionary act unless the act itself is arbitrary, biased, or violates due process (Articles 296(a) and (b)).

6. GBA Offers No Evidence of Bias or Unfairness: The GBA merely points to the absence of regulations without proving that the suspension was unfair, arbitrary, or prejudiced.

7. Ignoring Precedent is Dangerous: The GBA’s position ignores the Ransford France precedent and risks spreading legal confusion, rather than defending the rule of law.

8. Legal Certainty Matters: Following the GBA’s logic, thousands of lawful discretionary acts since 1969 would collapse. That is not the rule of law—it is chaos.

9. GOGO Supports Scrutiny—But It Must Be Grounded in Law: Criticism of executive action must be rooted in binding precedent, not political expediency or selective readings of the Constitution.

10. Conclusion: The Chief Justice’s suspension remains constitutional. The GBA’s call for revocation lacks legal merit and risks politicizing the judiciary.

B. GBA Calls for an End to Prejudicial Commentary

1. The GBA’s Self-Contradiction: In calling for an end to prejudicial commentary, the GBA has issued one of the most prejudicial declarations yet.

2. Premature Judgment: By declaring the Chief Justice’s suspension unconstitutional—without legal basis, reference to binding precedent, or waiting for the completion of the Article 146 process—the GBA has done exactly what it warns others against: passing judgment prematurely.

3. Practice What It Preaches: If the GBA wants to defend due process, it must first practice it. It cannot condemn prejudgment with one hand while dispensing it with the other.

4. Let the GBA Heed Its Own Message: Da Yie!

According to him, this decision undermines the fundamental principle that the will of the people is paramount, a principle consistently upheld by courts, including in the landmark case of Akufo-Addo et al. v. Mahama et al.

Professor Asare explained, “The ultimate purpose of election results is to reflect the will of the electorate. If the results declared on the training sheet are accurate and verifiable, rejecting them solely because of the medium used is akin to throwing the baby out with the bathwater.”

He cautioned that such actions risk disenfranchising voters and eroding the core of democratic governance.

Expressing further concern, Professor Asare criticized the EC’s reliance on procedural grounds to nullify results, particularly at the Abokobi Women’s Development Centre 2 polling station, where training sheets were used instead of the official statement of poll.

He described this decision as prioritizing form over substance, warning that it sets a dangerous precedent.

“The commission’s rejection of the declaration on a procedural technicality, without examining the substantive accuracy of the results, strains at a gnat and swallows a camel,” he noted. “While adherence to proper forms is important for electoral integrity, outright rejection without verification undermines public confidence in the process.”

He argued that the EC could have adopted a more equitable approach by verifying the results and re-declaring them using the correct forms, which would have preserved procedural integrity while respecting the electorate’s trust. Instead, the decision appears to favor procedural rigidity over transparency and fairness.

Citing the Akan proverb, “When the rhythm of the drum changes, the dance steps must adapt,” Professor Asare emphasized the need for flexibility in electoral processes to address human error without compromising the will of the voters. “Rejecting declarations on procedural errors without exploring alternatives creates the impression that technical missteps, no matter how minor, can override the sovereign will of the people,” he said.

He also highlighted the inherent complexity of elections, where procedural errors are not entirely avoidable, noting that safeguards exist to verify results. “The voters fulfilled their democratic duty in good faith. Their voices should not be disregarded because an EC official failed to follow proper procedures. Penalizing voters for mistakes beyond their control violates principles of fairness and justice.”

Professor Asare concluded by urging the EC to strike a balance between strict procedural adherence and fairness. “A decision that ignores options for verification and correction fails to achieve this balance,” he stressed.

“Da Yie,” he wrote in his Facebook post.

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The Fellow at the Centre for Democratic Development (CDD) said the ruling sets a dangerous precedent, undermining MPs’ ability to plan their political futures without fear of immediate consequences.

In a post on Facebook, the lawyer warned that if such rulings became more common, it could have a lasting impact on Ghana’s parliamentary system and democratic governance.

Read the full post below:

The news of Mr Anipa’s demise broke on Tuesday morning November 16, 2021, after a short illness.

Following the news, scores of Ghanaians have been left heartbroken with many of them taking to social media to eulogise him.

In a lengthy post, Kwaku Azar acknowledged the deceased was a gallant soldier who stood and fought for his people in his quest to serve.

Mr Azar revealed he received a message from Mr Anipa just eleven days before his demise and he was very excited about his nomination as DCE for the Guan district.

“I joked that all he needed now was enough cash to bribe the electoral college. For a man who fought so long and so hard for his beliefs, who worked so hard for an opportunity to serve his people in a very difficult political terrain, it is utterly sad that death should deny him the opportunity to serve,” parts of Kwaku Azar’s tribute read.

Many Ghanaians who have sighted it have taken to his comment section to commiserate with the family amid goodwill message in honour of Mr Anipa.

Mr Anipa had served just eleven days in office as the first-ever DCE.

He was unanimously approved by the Assembly members on November 5, 2021.

Read the full post below:

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• Stop the banter with Parliament – Kwaku Azar slams AG over rejection of Resolution

According to him, it is entirely appropriate for Parliament to direct the moribund GLC to follow the law, even if through a non-binding resolution.

His comment comes after Parliament last week unanimously voted, directing the GLC to immediately admit the 499 students who passed but have been denied admission to the Ghana School of Law.

The House further directed the AG to ensure that this Resolution is respected.

But in a letter addressed to the Speaker of Parliament, Mr Dame argued that Parliament cannot use a Resolution to make such directions.

“Whilst recognising the general legislative powers of Parliament in Ghana, except as have been circumscribed by the Constitution, I am constrained to advise that Parliament is devoid of power through the use of Parliamentary resolutions, to control the process of admission into the Ghana School of Law.

“The mode of exercising legislative power enshrined in article 106 of the Constitution does not admit of resolutions,” part of his letter read.

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However, Mr Azar says he cannot fathom why the AG acknowledges that he has the power to direct the GLC but does not tell Ghanaians why he has not used that power.

To him, the real progress of the matter will be for the AG to use its power to direct the accredited Law Faculties to offer the “PLC” to anyone who has an LLB.

“Let us do a natural experiment and compare performance on the licensing exams of students who study at the school versus those who study at the Faculties!

“It will test the maintained hypothesis that the School has a comparative advantage over the Faculties in the teaching of Family Law, Procedure, Evidence, ADR,” he said in a lengthy Facebook post.

He notes such a system will allow the Law Faculties to improve their rankings in Africa by allowing them to offer these foundational courses that have been hijacked by the school.

“Competition will improve quality and innovation and potentially reduce cost. We will see smaller classes and rational timetables, not this forced 12 hours a day camp in poorly ventilated facilities,” he opined.

Read the full post below:

According to him, the whole legal education model is broken down and needs an overhaul.

His comment comes on the back of another mass failure the 2021 law school entrance exam witnessed.

Some 790 out of 2,824 candidates passed the exam written in August 2021.

The pass rate is in line with outcomes from previous years, except for 2020, which saw 1,045 students out of 2,763 passing.

But reacting to the development on his Facebook page, Kwaku Azar indicated the result is only a marginal improvement: 128 out of 1,820, who passed in the past.

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He stated the candidates did not fail but were denied access to the law school due to lack of space.

He stressed tertiary institutions also have a role to play, adding that they must not be happy to just collect money from so many students who get a terminal LLB.

To Kwaku Azar, these universities have the responsibility to prepare these students who cannot be accommodated at Makola for the bar exams.

Read the full post below:

According to him, nobody told a better story and gave sound advice than the deceased through his songs.

Quoting the popular Akan proverb man came to do some but not to do all, Kwaku Azar was convinced Nana Ampadu did it all.

Mentioning other musicians who are beneficiaries of Nana Ampadu’s stewardship, he suggested the deceased deserves a state burial.

He made the call in a Facebook post as he reminisced some of Nana Amapadu’s songs.

The veteran musician passed on on Tuesday, September 28, 2021, after battling an undisclosed illness.

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Nana Ampadu is said to have gone into coma several months before his death.

Read Kwaku Azar’s post below:

According to him, the court “erred in interpreting Article 94(2)(a) and compounded the error by equating allegiance to citizenship.”

Thus, in a post on Facebook on Wednesday, the legal practitioner called for a stay in executing the judgment, adding that, the matter should be referred to the Supreme Court for interpretation.

“It is because of these errors, motivated by the politicization of citizenship, that we have moved for the repeal of Article 94(2)(a) and other Articles, inserted in 1996, that allow dual citizenship but impose public-office holding restrictions unrelated to Article 94(2)(a),” he wrote.

On Wednesday, a Cape Coast High Court cancelled the parliamentary results for the Assin North constituency in the 2020 parliamentary elections.

The court presided over by Justice Kwasi Boakye, ordered for fresh elections to be conducted in the constituency.

The case of the petitioner is that the Member of Parliament (MP) at the time of filing to contest the 2020 parliamentary elections, had not renounced his Canadian citizenship and thus held dual nationality.

He further avered that at the close of nominations on the 9th of October, the Assin MP had not still renounced his Canadian nationality.

He said Joe Gyakye Quayson, who still holds himself as the MP, is in complete violation of Article 94 (2a) and the court should declare his election null and void.

Prof. Azar has lauded Mr Domelovo for serving his country well, adding that posterity will reward him for that.

Prof Azar took to his Facebook page to post the message which has generated mixed reactions from a section of Ghanaians.

“Goodbye Daniel Yaw Domelevo, you served your country well. Posterity and GOGO will reward your service. Enjoy your forced retirement! Da Yie!,” he wrote.

President Nana Akufo-Addo, in a letter dated March 3, 2021, said Mr Domlovo has retired from the Audit Service.

The letter, signed by the secretary to the President, Nana Bediatuo Asante, said records and documents available indicated that the Auditor-General should have retired from office on June 1, 2020.

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The President further thanked him for his service and directed that his deputy, Johnson Akuamoah-Asiedu acts as Auditor-General until a substantive appointment is made.

Meanwhile, a letter signed by the Board Chairman of the Audit Service, Prof Agyemang Dua, had earlier challenged Mr Domelovo’s age and nationality.

According to Kwaku Azar, the Board must be immediately dissolved, adding the members are not fit for any position of that nature.

“Their actions are sad and they are disgracing themselves and the president. The Board has gone rogue and must be dissolved immediately because they are not even fit to be a board over a mini shop,” he said.

The Auditor-General was directed to proceed on a 167-day mandatory leave and was expected to resume on Wednesday, March 3, 2021.

However, a letter signed by the Chairman, Professor Agyeman Dua popped up on Tuesday, March 2, 2021, challenging the age and nationality of Auditor General, Daniel Domelovo.

The letter indicated Mr Domelovo was due for retirement in June 2020 as his date of birth is 1960 and not 1961.

The letter also accused him of being a Togolese and not Ghanaian.

This they said was based on personal records available to the Public Service of Ghana.

Reacting to the development on Asempa FM’s Ekosii Sen, Prof Azar said the letter lacks credibility.

Describing it as malicious and scandalous, he stated it was a deliberate attempt to run down the Auditor General.

“Since when has the Board been charged with the responsibility of auditing the citizenship and age of the Auditor-General?” he quizzed.

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He added: “It is about time the President stood firm for people to know his position as to whether he sides with the Board or not but there must be a dissolution to send a signal that such things won’t be tolerated.”

Kwaku Azar, as he is popularly called, expressed shock at the news and commiserated with his family.

He stated that, the late Amoako-Tuffuor has been an inspiration to him due to his defense of the Constitution.

“Tuffuor’s courage to defend the constitution has always been an inspiration to me and has significantly influenced my thinking on the citizens’ role in upholding, defending and preserving the constitution,” he added.

Read his tribute below:

Hmmm
Tuffuor v Attorney-General immediately came to mind when I heard that the Auditor General had been asked to take an involuntary leave of 167 days. In that case, then President Liman had sought to remove then Chief Justice Apaloo by cleverly nominating him for vetting by Parliament.

While Justice Apaloo subjected himself to vetting, Amoako Tuffuor was not having any of that as he thought the nomination and vetting were unconstitutional since Justice Apaloo became CJ on the coming into force of the Constitution, 1979.

A bold Court, unimpressed by the Presidential nomination, held that the CJ’s removal, whatever arguments were raised, can only be constitutionally effected by invoking the relevant provisions for removing the CJ. Any other manner, no matter how cleverly designed, was per se unconstitutional.

The Tuffuor Court insisted on upholding and defending the ideals which the framers of the Constitution sought to establish, which it listed as “justice and fair play; abhorrence of arbitrariness and discrimination; victimization and vindictiveness; the protection of the individual and his fundamental human rights within the walls of the Constitution.”

Tuffuor’s courage to defend the Constitution has always been an inspiration to me and has significantly influenced my thinking on the citizens’ role in upholding, defending and preserving the Constitution.

I am grateful to Tuffuor and his attorneys (Nana Addo and Tsatsu Tsikata) for their influence.

Da Yie!

This is a fancy way of saying the petitioner wanted to ask the 1st Respondent some questions, as part of the discovery process, and the Court denied the petitioner’s request.

Discovery is a vehicle used by parties to gather information in preparation for a trial. Its purpose is to allow the parties to obtain full knowledge of the issues and facts of the lawsuit. In this regard, it saves time by allowing the parties to narrow the issues and to weed out extraneous matters.

Discovery can take many forms, including a Request For Admissions (RFA), Production Of Documents (POD) and interrogatories.

Do not be fooled by the nomenclature. Interrogatories are written questions propounded by one party to be answered by an adversary. Request for admissions is a set of statements sent from one party to an adversary, for the purpose of having the latter admit or deny the statements or allegations. The POD is a request by a party for the adversary to produce some documents.

While Parties can discover as a matter of right by using the RFA or POD, Parties can discover through interrogatories only by leave of court, hence the petitioner’s prayer.

Our courts are required to allow only the questions (interrogatories) which they consider necessary either to dispose fairly of the cause or matter or to save costs.

This is in sharp contrast to other jurisdictions, where interrogations are a right and are liberally construed to allow the parties to build evidence for the case.

To sum up, the Court did not allow the petitioner to ask the questions. Of course, notice that this does not mean the questions cannot be asked during the trial.

On a lighter note, Justice Amegatcher provided some entertainment when he sought to inappropriately restrain the petitioner from mentioning the Chief Returning Officer’s name on grounds that the “EC is an office, not a person.”

Mr Tsikata, however, stood his grounds, yielding only on the matter of how the name is to be pronounced.

Da Yie!

In his view, corruption is now king following the resignation of Special Prosecutor, Martin Amidu.

“Corruption has won the fight; it is now king in Ghana,” he said in an interview on Asempa FM’s Ekosii Sen programme on Tuesday.

He indicated that the supposed conduct of President Akufo-Addo, inviting the Special Prosecutor for a discussion over his report on the Corruption Risk Assessement conducted into the Agyapa Royal deal has compromised his independence.

He described the President’s conduct as a clear case of interference in the work of the independent SP.

The lawyer, popularly known as Kwaku Azar, maintained said corruption had become very prevalent and now accepted as a way of life in Ghana.

Play attached audio below for more: