The Majority in Parliament has rallied behind Chief Justice Gertrude Araba Torkornoo’s proposal to increase the number of Supreme Court judges to 20.
According to the Majority Leader, Alexander Kwamena Afenyo-Markin the proposal is well within legal boundaries.
It will be recalled that the CJ recently nominated five judges to President Akufo-Addo for appointment to the Supreme Court, attributing the need for expansion to the judiciary’s workload.
In a letter dated February 7, 2024, the CJ proposed the appointment of Justices Afia Serwah Asare-Botwe, Cyra Pamela Koranteng, Eric Kyei Baffour, Justice Edward Amoako Asante and Angelina Mensah Homiah, all justices of the Appeal Court, onto the Supreme Court.
That move has drawn sharp criticism from well-meaning Ghanaians and legal luminaries, including the largest opposition National Democratic Congress (NDC), who deem it unlawful and view it as an attempt by the NPP to pack the bench.
But in a sharp rebuttal, NPP MPs insist that the Chief Justice has not violated any laws with the proposal, asserting that she is within legal boundaries.
Addressing the Parliamentary Press Corps in Parliament on Monday, July 8, 2024, Mr Afenyo-Markin further justified the need for additional justices rubbishing the claims of the opposition NDC of timing.
“As a Majority caucus in Parliament, these matters have come to our attention and we feel there is a compelling need to state our position on the matters that are in the public domain.”
“We have been informed that the Chief Justice has proposed expanding the Supreme Court to 20 judges for efficiency and effectiveness. Some people are saying that the Chief Justice does not have such a mandate to do so. We disagree and would say that, per article 125 (4) of the constitution, there are some inherent powers provided for in this provision that allow the Chief Justice as a chief executive and head of the judiciary to make such proposals. Quote, ‘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’.”
“When somebody is in charge of the management of a body he is able to determine how to run the place efficiently, what would make the work of that institution be properly done, and to make proposals within the context of the law.
“The framers of our constitution in their wisdom gave us a minimum ceiling. What did they anticipate? The anticipation was that there could be a possibility in future to increase the number. That is why they did not provide for an upper ceiling… So if you read this and juxtapose it against the 125, 125, 4 that I earlier referred to, clearly you cannot argue that any increase in the number of judges at the Supreme Court above 10 is unconstitutional or that the Chief Justice is wrong in making such a suggestion or proposal,” the Effutu MP said.
By: Ekow Annan/newsalertgh.com
