A nominee for the position of Supreme Court Justice, Sir Dennis Dominic Adjei, has firmly stated that the Chief Justice should not assume the role of President in the absence of the President, Vice President, and Speaker.
During his appearance before the Appointments Committee of Parliament on June 16, 2025, the Court of Appeal judge emphasised that the Chief Justice acting as President would be a constitutionally inaccurate move, rooted in outdated legal interpretations.
He specifically referenced 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.
Sir Adjei argued that such interpretations compromise the separation of powers between branches of government and jeopardise judicial independence.
“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.
He added that the constitution ought to be interpreted with a purpose, indicating that the realities of today are different from the past.
The nominee supported the call for a purposive interpretation of the Constitution, describing it as a “living organism” that must adapt to changing conditions.
“The Constitution must be interpreted with purpose. The realities of today are not the same as they were 30 years ago,” he said. “If the president can issue instructions and govern remotely, then absence should not automatically mean inability.”
“In future cases, the Court should take present realities into account,” he said, with reference to Justice Atuguba’s reasoning in Zenator v Lawrence and Tufuor v Attorney-General as examples of how purposive interpretation can guide constitutional decisions.
By: Rainbowradioonline.com/Ghana
