Martin Kpebu, a private legal practitioner, has criticized the timing and procedures for the proposal to appoint new justices to the Supreme Court, calling them “bad.”
In a letter dated May 30, 2024, Chief Justice Gertrude Araba Esaba Torkonoo recommended the appointment of five justices to the Supreme Court to President Nana Addo Dankwa Akufo-Addo. The nominees are Justice Angelina Mensah Homiah, Justice Eric Kyei Baffour, Justice Edward Amoako Asante, Justice Cyra Pamela C.A. Koranteng, and Justice Afia Asare Botwe.
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Speaking on TV3’s “Key Points” program, Mr. Kpebu questioned the timing of these appointments, noting that with elections in about five months, it was inappropriate for the President to make new appointments at this time. He stated that while the nominees are competent, any such appointments should be left for the new President after the 2024 elections.
“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.”
Mr. Kpebu also criticized the procedural aspects, stating that the Chief Justice did not follow due process, which requires a recommendation from the Judicial Council before the President can appoint Supreme Court justices.
“There must be a recommendation from the Judicial Council. If the President has not received advice from the Judicial Council he cannot start,” Mr Kpebu said.
On the same program, Mr. Nelson Dafeamekpor, another private legal practitioner and Member of Parliament for South Dayi, argued that the Chief Justice had breached the Constitution and “exercised powers she didn’t have.” He added that the Supreme Court already had enough justices, with a current total of 15, and no additional judges were needed.
Mr. Dafeamekpor also questioned why a Supreme Court judge was made to sit as an additional High Court judge, explaining that this increased the workload at the apex court.
“We have 123 High Court judges, we have 32 Court of Appeal judges….Yet, you are bringing Supreme Court judges to high court matters and yet you are complaining that you are inundated with work at the uppermost level.
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“So, keep Supreme Court judges at the supreme level, don’t bring them two floors lower,” he stressed.
Nana Ohene Ntow, Senior Advisor to Alan Kyerematen, Founder of the Movement for Change, suggested the creation of specialized courts to handle specific cases, which would reduce the burden on the Supreme Court. “Why should all land cases end up at the Supreme Court, why should all business cases end up at the Supreme Court, and why should all matrimonial cases end up in the system? Why don’t you create a specialized court that has finite authority?” he asked.
