A former Director of the Ghana School of Law and private legal practitioner, Ansah Asare, has labeled any move to increase the number of justices at the Supreme Court as illegitimate. This statement follows Chief Justice Gertrude Torkornoo’s recent indication that the Apex Court requires additional judges.
After hearing two lawsuits related to Parliament’s passage of the anti-gay bill, Chief Justice Torkornoo emphasized the need for more judges. “The ruling is adjourned to July 17, 2024. We must thank everyone for their patience, but this is our lot. There are several cases pending, right? That is why we need more Supreme Court judges,” she stated.
President Akufo-Addo has formally requested the nomination of five judges to the Supreme Court of Ghana. The nominees include Justice Afia Serwaa Asare Botchwey, the presiding judge in the ambulance case involving Minority Leader Dr. Cassiel Ato Forson, as well as Justice Cyra Pamela Koranteng, Justice Edward Amoako Asante, Justice Eric Kyei Baffuour, and Justice Angelina Mensah Homiah.
Speaking on Morning Starr with Francis Abban, Mr. Asare voiced strong opposition to the proposed appointments. He argued that adding more justices to the country’s Apex Court should not be entertained. “The reason we are being given now is looking for a stick to beat one dog. We should not entertain such things. Is the Ladyship Chief Justice suggesting that each time we have a very sensitive case that number should be increased? For me this is illegitimate and an abuse of power,” he asserted.
Mr. Asare emphasized that the request for additional judges should not come from the Chief Justice but rather from the Judicial Secretary, representing the Judicial Council. He lamented, “This is not the Chief Justice who is doing it, I don’t think the request is coming from the Justice. If the request must come at all, the Judicial Secretary should be the mouthpiece to announce whatever changes they want to make for, and on behalf of, the Judicial Council. And let us leave the Chief Justice out of this mess.”
According to Mr. Asare, practices such as this are detrimental to the nation and would not have been considered by former leaders. “It is a mess; we are creating problems in search of solutions. We don’t need any such thing. Even if they are to add one more, it is still illegitimate, a clear abuse of power, a clear abuse of incumbency.”
The controversy deepens with political implications. Mr. Asare warned that expanding the Supreme Court could be used to influence election outcomes. “The problem that will loom large would be when we know the outcome of the election. If it goes against the NPP, they will find solace in the packing of the court,” he stated.
Drawing historical parallels, Mr. Asare referenced similar actions during the Rawlings regime and noted that leaders like Nkrumah, if alive today, might regret such decisions. “This happened during the Rawlings regime. My sincere and honest assessment of the situation is that whatever the number is, it will be intended to use them to claim victory. It is not good for the country. Nkrumah did it in the ’60s; if he was to be alive today, I think he would be the first to regret having done that,” he concluded.
As the debate continues, the legal community and the public await further developments on the Supreme Court’s expansion. The nominations and subsequent appointments could significantly impact Ghana’s judicial landscape and political climate.
Source: Ghana Web
