Capping the number of Supreme Court justices is not for the Chief Justice to say – Mahama

The Constitutional Review Committee had recommended that Ghana should cap the number of Supreme Court judges at 15, so the issue of capping the number of justices of the apex court is not for the chief justice to say, Former President John Dramani Mahama has said.

Mr Mahaa stated that if he is voted for to become president again in this year’s elections, his administration will resurrect the constitutional review process on the capping of the number of justices of the Supreme Court.

He says he will put it to the Ghanaians whether they should retain the 15 number, or they should reduce or increase it.

Mr Mahama said he does not think that it should be the chief justice saying that we should increase and cap at 15.

He said these while criticizing Chief Justice Gertrude Torkornoo for the recommendation that she made to the president to appoint five additional justices of the Supreme Court.

The flagbearer of the National Democratic Congress (NDC) said that this approach by the Chief Justice is rare because it is the president who recommends based on the advice of the judicial council and then forwards the names to Parliament for approval or otherwise.

Addressing the media in Accra on Sunday, July 7 , Mr Mahama said “I can’t understand why the Chief Justice will be the one recommending which judges to appoint. The constitution is clear that it is the president who appoints judges with the advice of the judicial council and so the initiative to appoint judges must come from the president and be submitted to the judicial council, he brings it back with advice and the president then forwards to Parliament, that is the procedure.

“It is very rare that this time the recommendation comes from the Chief Justice to the president. Even capping the number of judges, the constitutional review committee recommended that we cap Supreme Court judges at 15, so the issue for capping the Supreme Court judges is not for the chief justice to say.  We will resurrect the constitutional review process when I become president and when we do that we will put it to the Ghanaian people whether we should retain the 15, whether we should reduce it, or whether we should increase it.  I don’t think that it should be the chief justice saying that we should increase and cap at 15.”

The recommendation by the Chief Justice has raised concerns among some lawyers and analysts including a Private legal Practitioner Martin Kpebu.

Mr Kpebu said that the concerns are not about the competence of the names that have come up.

He says the concerns are about the timing and the procedure for the appointments. For the president to appoint Supreme Court justices there has to be a recommendation from the Judicial Council to that effect, Kpebu said.

Without a recommendation from the Judicial Council, the president cannot proceed with the process of appointing new justices of the apex court, he added.

Kpebu said on the Key Points on TV3 on Saturday, July 6 that “There must be a recommendation from the Judicial Council…If the president has not received advice from the judicial council he cannot start.”

He added “But that the nominees are not bad, it is the timing that is bad. These are fine justices but it is about procedure and timing, this debate is not about competence at all.”

Meanwhile, the Attorney-General, Godfred Dame, said it is worthy to note that the Supreme Court of Ghana is quite unique and different from other Supreme Courts around the world.

Godfred Dame said this while rejecting claims that President Nana Addo Dankwa Akufo-Addo is packing the Supreme Court following the recent request by the Chief Justice to appoint five more justices of the apex court.

“What I am aware of is the request from Chief Justice, I believe that the Judiciary is no doubt better placed to provide ample justification for the need for an enhanced Supreme Court, but again it is worthy to note that the Supreme Court of Ghana is quite unique and different from other Supreme Courts around the world,” he said in an interview on the sidelines of the United States Independence Day Event at the Embassy Garden in Accra.

So it is not the case that you are packing the court? he was asked.

In answer, Godfred Dame said, “Definitely not so what is this allegation about packing the court.”

3news