On August 13, 2024, a nominee for the Supreme Court, Justice Sophia Essah, clarified that Ghana’s Constitution prohibits holding both the roles of a lawyer and a judge simultaneously.
Justice Essah explained that these roles are mutually exclusive.
“You cannot be in this country as a lawyer and at the same time, a judge. Because the work of a lawyer is different from a judge. I cannot go and be an advocate, have clients, or represent anyone in court. That is the work of a lawyer.
“And so once I became a judge, I could no longer be a lawyer even though I have legal professional knowledge and background,” she said during her vetting on Tuesday, August 13.
Her remarks addressed concerns raised by Mahama Ayariga, MP for Bawku Central.
Mr Ayariga questioned whether Justice Essah met the Constitutional requirement of 15 years of legal practice to qualify for the Supreme Court, noting that the Constitution demands candidates to have high moral character, proven integrity, and significant legal experience.
Justice Essah responded by acknowledging that there might be different interpretations of the Constitutional provisions.
However, she maintained that she fulfills the criteria for the Supreme Court appointment as outlined in the Constitution, despite varying views on its requirements.