Majority caucus in Parliament has defended the Chief Justice’s recommendation to increase the number of Justices on the Supreme Court bench, asserting that no illegality was committed.
In a press briefing at Parliament House on Monday, July 8, Majority Leader Alexander Afenyo-Markin stated that the Chief Justice Gertrude Torkornoo’s suggestion was justified given the overwhelming number of cases pending before the apex court.
“The Chief Justice has not done anything illegal, immoral nor unconstitutional in respect of her recommendation for the need to increase the number of justices at the Supreme Court,” he said.
In a letter addressed to the President, the Chief Justice recommended the appointment of Justices Afia Serwah Asare-Botwe, Cyra Pamela Koranteng, Eric Kyei Baffour, Edward Amoako Asante, and Angelina Mensah Homiah, all currently serving on the Court of Appeal, to the Supreme Court bench.
She argued that this expansion would help the court manage the large number of pending cases.
Majority Leader Alexander Afenyo-Markin, speaking at Parliament House on Monday, July 8, stated that the Chief Justice’s proposal to increase the number of Supreme Court justices to 20 was aimed at improving the efficiency and effectiveness of justice delivery.
He countered claims that the Chief Justice lacked the authority to make such a proposal, citing Article 125(4) of the Constitution, which grants the Chief Justice inherent powers as the head of the Judiciary to make such recommendations.
“The Chief Justice shall subject to this constitution, be head of the judiciary, and shall be responsible for the administration and supervision of the judiciary,” he quoted article 125 (5).
“When somebody is in charge of the management of a body, he is able to determine how to run the place efficiently and what will make the work of that institution to be properly done and to make proposals within the context of the law,” he said.
Touching on what the law says on the composition of the Supreme Court, Mr Afenyo-Markin quoted Article 128 (1) of the Constitution which provides that “The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court.”
He argued that the framers of the Constitution, in their wisdom, gave a minimum sealing in anticipation that there could be the possibility in the future to increase the number of Justices at the apex that.
“That is why they did not provide for upper sealing; so, if you read this and juxtapose against article 125 (4) clearly you cannot argue that any increase in the number of judges at the Supreme Court above 10 is unconstitutional or that the CJ is wrong in making such suggestion or proposal,” he said.
The Majority Leader addressed critiques surrounding the Chief Justice’s proposal, emphasizing that critics overlooked the detailed justification provided in her analysis. He clarified that the Chief Justice did not simply forward a proposal without substantiation but presented compelling arguments to support it.
Regarding consultations, he noted that the Ghana Bar Association and other stakeholders were consulted, with the Bar Association expressing agreement in principle to the proposal to expand the court.
On the timing of the appointment, Mr. Afenyo-Markin stressed that the Judiciary, entrusted with the constitutional duty to administer justice, operates independently of the country’s electoral schedule.
“The impression these critics try to create is that all that the Supreme Court does is to determine political cases but I can tell on authority that the political cases that go to the SC may not even be up to two per cent of the cases that they deal with.
“So, the narrow path taken by these critics to create the impression about the timing of the proposal is neither here nor there. In any event, to what use or benefit will it be to the President to pack the court or do last minute appointments,” he said.
Of all the current judges at the Supreme Court, the Leader said there were two justices – Justice Paul Baffoe Bonney and Justice Gabriel Pwamang – who were not appointed by the President.
“As astute politician as the President is known to be, I do not think that he will want to trigger a debate in the public domain to poison the atmosphere. He will not do that,” he said.
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