The constitutionality and strategy of any such litigation, particularly if it seeks to challenge Ghana’s constitutional mechanism for the dismissal of a Chief Justice as outlined in Article 146, were questioned by Mr. Ansa-Asare in a Tuesday, July 8, 2025, interview with TV3 that GhanaWeb was allowed to view.
“She is the Chief Justice, she has to respect the Article146 CJ removal process. If she herself is disrespecting the process, how does she expect the ECOWAS Community Court to intervene?” he queried.
He claims that rather than being a way to circumvent national laws and constitutional duties, the ECOWAS Court is a venue for addressing flagrant and justiciable human rights violations.
“They want to find out whether there are any internal mechanisms in Ghana, are there justiciable remedies?
She is the Chief Justice, and if she is not prepared and willing to respect her own Constitution, how does she expect the ECOWAS Court to intervene to protect her?” he asked pointedly.
The case has little prospect of success, Ansa-Asare was adamant.
“I don’t think that the case is going to succeed. This is again one of the cases with the dimmest prospects of success. It is doomed to failure because the ECOWAS Court is a well-respected international adjudicating body.
But if you look at what it has done in the past, it has not simply interfered with internal processes. It only assumes jurisdiction in clear cases of violation of human rights.”
“In this case, I can’t find any human rights violation perpetuated against Chief Justice Torkornoo,” he concluded.
