Afenyo-Markin
The Majority Caucus in Parliament has dismissed claims by the opposition National Democratic Congress (NDC) that the government is packing the Supreme Court.
It comes after the NDC accused President Akufo-Addo of packing the apex court, following the recommendation of additional five Justices by Chief Justice Gertrude Torkornoo.
However, speaking to the media in Parliament yesterday, the Majority Caucus, led by Alexander Afenyo-Markin, described the NDC’s accusation as untenable.
“It is instructive to note that since independence we have allowed institutions to grow. Even before 2019, Ghana had only 10 regions.
“As we speak, we have an additional six, making it sixteen. The argument by the NDC that our Supreme Court is being packed or heaped is untenable, having regard to its multifaceted jurisdictions unlike the United States and UK,” he asserted.
He added, “The apex court of our land must be allowed to go through reformation through expansion in terms of numbers.”
Mr. Afenyo-Markin stated that the minimum number of Supreme Court justices specified in the 1992 Constitution shows that the framers of the constitution foresaw the need to raise the number of judges on the Supreme Court in the future.
According to him, this is the reason the writers of the constitution chose a minimum number rather than a maximum number, as provided for in the 1992 Constitution.
The Majority Leader explained that the Chief Justice’s decision to recommend Justices for appointment to the Supreme Court stems from the apex court’s heavy workload.
He said the Chief Justice mooted a proposal to expand the Supreme Court to 20 judges for “efficiency and effectiveness.”
“I must emphasise that the said letter is not conclusive of what Article 144(2) of the Constitution of the Republic of Ghana provides in the appointment of Justices of the Supreme Court of Ghana.
“It is important to note that the President has consulted various stakeholders on this proposal. The Ghana Bar Association has expressed its support in principle,” he said.
Mr. Afenyo-Markin pointed out that the President had also engaged the Attorney General for his counsel.
“There is a need to engage further with legal scholars, civil society organisations, and international partners with experience in judicial reform,” he said.
“Their insights, if sought or offered and obtained, would be valuable in shaping the way forward. First, let us consider the constitutional basis for this proposal,” he charged.
According to him, Article 128(1) of the1992 Constitution stipulates that, “The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court.”
By Ernest Kofi Adu