The Ghana Bar Association (GBA) has questioned the procedure used by the Chief Justice, Gertrude Araba Torkornoo Sackey, in requesting for more judges to be appointed to the Supreme Court.
This was after Chief Justice Torkornoo, in a letter, submitted five names to President Akufo-Addo, for nomination to the apex court.
Among other things, Madam Torkornoo, cited the heavy workload and numerous pending cases as reasons for the demand.
The Ghana Bar Association, also believes the procedure used by the Chief Justice, is not proper. Already, several legal luminaries and the opposition National Democratic Congress (NDC) have condemned the CJ’s action.
The Association’s spokesperson, Saviour Kudze, said the Chief Justice’s action was irregular.
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“I think that it is just a simple mistake and that is the way I should think because I am not sure that it was intentional. These things sometimes happen,” he added.
Giving more details, Mr Kudze, said the right procedure would have been for all the recommending bodies to come together, deliberate on the nominees and present the final list to the Judicial Council for onward transmission to the President.
“What is done is that the three recommending bodies, the GBA, the Attorney General’s Office and the CJ’s Office bring various lists and submit to the Judicial Council. The Judicial Council will now send those names with an advice to the President and the President will now decide to appoint everybody on the list, or some of them or even reject the list.
“Just that he also does not have the right to prepare his own list. He has to get back to the Judicial Council for the process to begin all over,” he stressed.
Meanwhile, the NDC, has condemned the Chief Justice’s decision to recommend judges for nomination to the Supreme Court.
According to the party, the proposal is unconstitutional.
During a press conference in Accra, NDC General Secretary, Fifi Fiavi Kwetey, stated that the constitution does not mandate the Chief Justice to recommend individuals to the President for nomination as Supreme Court judges.
He insists that, the Chief Justice’s letter to President Akufo-Addo, has no constitutional basis and therefore is of no effect.
“Nowhere in the constitution is the Chief Justice named as the one to recommend persons to the president for appointment to the Supreme Court. We wish to state, without any equivocation, that the Chief Justice’s letter is illegal and of no effect.
“Her actions have completely turned over due process on its head and compromised her independence as the head of the judicial system. We are concerned about a worrying pattern that irresistibly suggests that the president is only appointing loyal members of his party to this court to have control over the judiciary to escape post-regime accountability,” he stated.
The names recommended for nomination to the Supreme Court, include Justice Afia Serwaa Asare Botchwey, the presiding judge in the ambulance case involving Minority Leader Dr. Cassiel Ato Forson, as well as Justice Cyra Pamela Koranteng, Justice Edward Amoako Asante, Justice Eric Kyei Baffuour, and Justice Angelina Mensah Homiah.
A private legal practitioner, Kweku Paintsil, and NPP sympathizer has also criticised the Chief Justice for her role in the appointment of some justices to the apex court.
Speaking on Joy News’ PM Express, he described the position the Chief Justice, has assumed on the matter as “unusual.”
“Indeed, and in fact, I’m not too sure whether there has been a precedent to it. In other words, we have a Judicial Council, where this mostly rests, and the Chief Justice is a member of the Judicial Council.
“I would expect that that will be where all the discussions would normally have taken place and whatever decision that Judicial Council comes through, would then come out, or judicial does more reflective of the position and the role of the judge.
“I still cannot understand how it came to be that the Chief Justice on her own initiated this. I wouldn’t know what discussion she had, but it has nothing to do with the fact that we don’t need more judges in the Supreme Court, but the procedures adopted are very unusual,” he said on Monday.
“And with due respect and my honest view, I’m not too sure it’s right at all to assume that role in that position and project the issue. When we need justice in the Supreme Court it’s not a problem of the Chief Justice alone, it is the problem of the judiciary as a whole.
“And even though we are members of the Ghana Bar Association (GBA), obviously, we have a more a much more interest in ensuring that our needs are met at the Supreme Court and of course, all the courts.
“This is a country which is divided on almost every issue and the role that the Chief Justice plays in what I call it a drama, ought to be checked and watched.
“And sometimes we say the road to hell is paved with good intentions. You must have the best of intentions, but the way you go about it may end up leaving a sour taste in the mouth of the public,” he said.
On his part, Sammy Gyamfi, the National Communications Officer of the opposition NDC, is calling for the head of the Chief Justice over what he describes as a “self-seeking” interest in the selection of some judges to the apex court.
Sammy Adu Gyamfi, says although he is willing to overlook Gertrude Araba Torkornoo’s procedural flaws in the whole saga, her actions do not serve the interest of the country.
“What she has done is totally wrong, it was totally uncalled for, it is unconstitutional and I think she must eat humble pie, concede this fact, and make amends. But beyond the procedural flaws for me is the whole agenda and intention behind the action,” he said on the show.
He added, “If the CJ was only making a proposal or a request to the president to increase the number of justices of the Supreme Court to ensure the speedy determination of matters pending before the court, then, the issue of procedural lapses could have sufficed.
“But here is the CJ going beyond a request to the president for him to increase the number of justices of the Supreme Court which in itself is wrong. She actually goes beyond that to propose specific justices of her choosing that say things the President appoints.”
