Minority questions constitutionality of Akufo-Addo’s appointment of more judges to the Supreme Court bench

The Minority in Parliament in an attempt to withhold the vetting of some appointees to the apex court raised concerns about the number of judges appointed to the Supreme Court by President Akufo-Addo.

The Minority says there is constitutional provision for the president to appoint more than the approved number until approval from Parliament.

The Speaker of Parliament, Alban Bagbin, referred the appointees of the president to the appointments committee for vetting. But the Member of Parliament for Bawku Central, Mahama Ayariga argued that the president’s decision to appoint new judges to the apex court pending retirement of some old judges is unconstitutional.

Speaking ahead of the vetting of Justice Sophia Rosetta Oduokuwa Bernasko Essah, one of the appointees, Mahama Ayariga proposed that Parliament should consider making amendments to that effect to allow appropriate exercise of power by the president.

“I challenge anybody in this room to show me any provision in this constitution that says that. Even though Article 128 (1) says nine plus Chief Justice at the minimum and you will only have an upper ceiling, and the person to decide that upper ceiling is the president.”

“Who said the person to decide that upper ceiling is the president, show me that provision, that he can any time he feels like and I’m not talking about this president [Akufo-Addo] previous presidents have done that before so it’s not about this particular president.”

“Any body should show me where in this constitution where power is given to the president to increase the number above nine plus one. No such power is given to the president. Now we have had a practice that when a president sits as and when they feel like they just write to us ‘I have appointed this person process him or her for them to become a member of the Supreme Court.”

The Majority Chief Whip, Frank Annor Dompreh who opposed the proposal, revealed that during the period of meetings regarding the vetting of these judges, there were no concerns raised.

“I think that this is not the first time we are engaging in a vetting process you can say that this is unique in it form and substance and we all concede to that.”

“What I know as a practice is anytime we have a nominee before us and any of us feel strongly about a matter that sentiment is communicated ahead of time, of course, you are not bound to communicate your sentiment before coming here.”

He noted that it comes to him as a surprise hearing such concerns from the Minority.

“I think all the engagement we had, this never came up, this comes as a surprise. This can not bar us from doing our mandate, mandated by law and also by our constitution.”

“So Mr Speaker I think for anybody to say that we should truncate and wait for a determination of what the law says before we proceed, it’s either here nor there and my senior colleague know that his suggestion is a wild one for want of a better expression. And as the Minority leader said we should hear other views that is democratic environment but ultimately we must proceed and do the vetting.

Meanwhile, the Deputy Majority Leader Patricia Appiaagye who was presiding “We can consider that reference was made to us to proceed and vet the nominees that was the directive. So we will have to proceed and when we have the platform at the chamber during the debate, i think this issues can be well placed.”

Reporting by Andy Sepah in Accra