The Majority in Parliament is kicking against the opposition by National Democratic Congress (NDC) on the Chief Justice’s request for more judges at the Supreme Court.
This follows a recent call by the National Democratic Congress for the immediate reversal of the proposal by the Chief Justice, Gertrude Torkornoo suggesting the appointment of some five Justices to the Supreme Court.
Earlier, the Minority had argued that the Chief Justice does not have the mandate to recommend judges to the president for appointment to the apex court
Addressing journalists in Parliament, the Majority Leader Alexander Afenyo Markin said that the Chief Justice did not act illegal and unconstitutional as asserted by critics but to rather the move is to help expedite justice delivery at the Apex Court.
“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’.”
Less political cases
Afenyo-Markin also maintained that political cases being handled at the Supreme Court may not be up to 2%, therefore the argument on the untimely appointment of new judges to the Apex court few months to the transition of government is not well grounded.
“But I can tell you on good authority that the Supreme Court of Gunner, the political cases that perhaps go there may not even be up to 2% of the cases that they do it. Several cases go there. So the narrow part taken by these critics to create the impression that the timing, the timing, the timing isn’t the end of the day.”
Other Jurisdictions
The Effutu MP added that the comparison of the number of justices at the Supreme Court of Ghana to that of other jurisdictions like that of the United States of America is unnecessary. He explains why.
“For the avoidance of doubts, in the U.S., the Supreme Court of the United States is not a court or face instance. The United States Supreme Court, the Federal Supreme Court of the U.S., doesn’t have original powers, mandates, jurisdiction. Age jurisdiction is limited.And even so, there are certain procedural roadblocks that feta the right of litigants. In Ghana, a litigant has unfettered rights and access to the Supreme Court. It is also important to underscore the fact that an appeal to the Supreme Court of Ghana operates as of rights.”
