Private lawyer Martin Kpebbu described the timing and process of the proposal to appoint new judges to the Supreme Court as “bad”.
The Chief Justice of the Supreme Court, Gertrude Araba Esaba Turkounou, in a letter dated May 30, 2024, addressed to President Nana Addo Dankwa Akufo-Addo, recommended the appointment of five judges to the Supreme Court.
The judges recommended in the letter are Justice Angelina Mensah Homia, Justice Eric Kyei Baffour, Justice Edward Amoako Asante, Justice Saira Pamela CA Koranteng and Justice Afia Asare Botwe.
Speaking on TV3’s “Key Points” programme on Saturday, Kpebbe questioned the timing, explaining that it was inappropriate for the president to make new appointments with elections due to take place in about five months.
He noted that while the proposed candidates were competent, such appointments, if necessary, should be left to the new president after the 2024 elections.
“It’s not a case of bad nominees, it’s bad timing. These are fine judges, but this is about process and timing; this debate is not about merit.”
Procedurally, he said, the Supreme Court justices did not follow due process, which requires that the president must get a recommendation from the Judicial Council before appointing a Supreme Court justice.
“There needs to be a recommendation from the Judicial Council… If the president has not received advice from the Judicial Council, he cannot take office,” Kpebbe said.
Fellow private lawyer Nelson Dafeamek-Pole also said on the same programme that the chief justice had violated the constitution, adding that he had “exercised powers which he did not possess”.
Dafeamek Paul, who is also the Member of Parliament for Dyee South, said the country had enough Supreme Court judges and therefore no need for additional judges.
Currently, the Supreme Court has 15 justices.
Dafeamekpaul questioned why a Supreme Court judge was being given additional hearings as a High Court judge, explaining that it would increase the workload of the Supreme Court.
“We have 123 High Court judges and 32 Court of Appeal judges…But we have Supreme Court judges bringing into the High Court issues, complaining that the work at the higher levels is piling up.
“Hence, the position of Supreme Court judge should remain at the highest level and not be demoted two levels below,” he stressed.
Nana Ohene Ntow, senior adviser to Movement for Change founder Allan Kyerematen, suggested the establishment of specialised courts to oversee certain cases, adding that such courts should have limited powers in terms of the cases they handle.
This would ease the burden on the Supreme Court, he said.
“Why should all land cases be before the Supreme Court, why should all business cases be before the Supreme Court, why should all matrimonial cases be before the Supreme Court? Why not create specialised courts with limited powers?” he asked.
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