Private legal practitioner Kofi Bekai asserts that despite Court of Appeal judge Lord Dennis Adjei’s opposition to the Chief Justice acting as President in the absence of the President, Vice President, and Speaker, this provision is indeed enshrined in the constitution.
The lawyer acknowledges that although the respected judge may have raised valid points, the Chief Justice assuming the presidency is a constitutional provision.
During his appearance before the Appointments Committee of Parliament on June 16, 2025, the Court of Appeal judge emphasised that having the Chief Justice act as President would be constitutionally inaccurate, based on outdated legal interpretations.
He specifically cited the Asare v Attorney-General case, noting that Professor Kwaku Asare’s opinion in that case relied on a historical precedent under the 1957 Order in Council, where the Chief Justice signed laws on behalf of the Governor-General.
“You cannot compare that system to the 1992 Constitution. There is no provision in our Constitution that allows the Chief Justice to act as President,” he said.
“Why should a judge or chief justice, whose role is to resolve disputes, be given executive responsibilities? “That would create a conflict of interest and undermine the principle of judicial neutrality,” he stated.
However, responding to these remarks, Kofi Bekai referenced Article 57, Clause 2 of the Constitution, which clearly states that the President shall take precedence over all persons in Ghana, followed by the Vice President, the Speaker, and then the Chief Justice.
He explained that the constitution stipulates that the Chief Justice could act in the capacity of President in the absence of the first three most powerful persons.
Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, he stated that the respected judge has expressed his legal opinion on the matter, but he also believes that the constitution establishes that the Chief Justice can act as President.
According to the lawyer, “Article 57, clause 2 of Ghana’s 1992 Constitution establishes the order of precedence for high-ranking officials, stipulating that the President takes precedence over all others, followed by the Vice-President, the Speaker of Parliament, and the Chief Justice, effectively enabling the Chief Justice to assume presidential duties in the absence of the aforementioned individuals”.
He posited that the argument that the President can still perform his duties while away is not entirely accurate because situations may arise where the physical presence of the leader is required to attend to issues, and in his absence, the Vice President can act in that capacity.
By: Rainbowradioonline.com/Ghana
