The Supreme Court has by a unanimous decision dismissed the suit by the Ghana Bar Association challenging the appointment of two Supreme Court judges.
The panel, chaired by Justice William Atuguba, in the Wednesday judgment noted that the President has the sole power of appointment and is therefore not bounded by the advice or recommendations of the Council of State or judicial council in his appointments.
The GBA sued the Attorney General and the Judicial Council over the appointments of Supreme Court judges, Justices Yaw Apau and Gabriel Pwamang.
The two Supreme Court justices were sworn-in by the President after the Appointment Committee of parliament approved their nomination. But the GBA led by its President Nene Amegatcher filed a suit seeking to nullify their appointment as Justices of the apex court.
The GBA prayed the court to declare that upon true and proper construction of Article 144 of the constitution, all appointments made by the President of the Republic of Ghana are not valid until they’re made in strict accordance of the advice of the Judicial Council.
The landmark verdict also determines whether or not the President can appoint a Chairperson for the Electoral Commission based on the strict advice of the Council of State.
-starrfmonline