The Speaker of Parliament, Alban Kingsford Sumani Bagbin, recently while reading the letter from the presidency, informing the August House of the nomination of two persons to the Supreme Court, said there is a need to urgently legislate a cap on the size of the Supreme Court.
His pronouncement was sequel to the public debate, following a letter the Chief Justice, Gertrude Torkonoo, wrote to President Akufo-Addo, recommending the appointment of five people to the Supreme Court, which the public did not take kindly to.
According to the Chief Justice, the Supreme Court needs more judges to handle the overwhelming number of cases currently before it.
We are persuaded by the importance of this subject that also involves the Judiciary to make reference to the provisions of the constitution.
Article 128(1) of the 1992 Constitution, stipulates a minimum of nine judges, apart from the Chief Justice, who must be on the Supreme Court, but places no ceiling on the number the President can appoint.
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Currently, there are 15 Justices of the apex court, including the Chief Justice, the additional two if approved by parliament, will bring the number to 17.
However, the speaker is concerned about the growing size of the apex court.
“And so we are being called forth through this letter as a house, to look at the issue of a full complement of the Supreme Court. Should we be 13, should we be 15, should we be 20, 40 or 100? It is for this house to decide,” he said.
“And I am urging you to look at this issue during the constitutional reforms or to pass legislation to give an upper limit as to how many can be at the Supreme Court of a country of 33 million people,” he further explained.
In making reference to the constitutional provision, we feel obliged to agree with the Speaker of Parliament, on the issue of capping the number of Supreme Court at any given time.
Presently, it has become fashionable for the president to appoint anyone, he feels persuaded to appoint people who are amenable to him onto the apex court.
No president since 1992, has come close to the appointment of number of Judges, from the lower to the apex, as Akufo-Addo.
To avoid a repeat of this abuse, we are compelled to add our voice to that of Alban Bagbin and many more Ghanaians, who are advocating for the capping of Supreme Court Justices.
Once they is a minimum, they must be a maximum limit.
Ghanaians, have decided, positively, on democracy, no power drunk politician must be given too much power, to tamper with it at any level.
