The vetting process of Ghana Supreme Court Nominations halts as chaos ensue at the Parliamentary Vetting on Tuesday, August 13, 2024, following concerns raised by Mr Mahama Ayariga, the Member of Parliament for Bawku Central.
Mr. Ayariga questioned the president’s authority to appoint more than 10 Supreme Court judges, bringing the process to a standstill. The issue was raised during the vetting of Justice Sophia Rosetta Oduokwu Bernasko Essah by the Appointments Committee of Parliament. Mr. Ayariga’s challenge prompted immediate discussions among committee members regarding the legal limits of the president’s nomination powers.
According to a report by graphic.com the debate on this issue lasted approximately 40 minutes, highlighting the complexities and sensitivities surrounding the judicial appointment process. The vetting was briefly suspended as committee members deliberated on the matter before proceeding with the session.
Remarks by Mr Mahama Ayariga on Ghana Supreme Court Nominations at the Parliamentary Vetting
As we speak, we have 15 justices on the Supreme Court. We are told that one is retiring. We have 15 justices on the Supreme Court. It means that we have nine plus the chief justice making 10 and an additional five making it 15. This letter states that two of the 15 are about to retire.
The president is seeking to make early arrangements to make sure that there’s no vacuum when the two do retire…The legal issue that I’m raising before this committee, which should be captured in our report for discussion, is this. Whereas the constitution in article 144 says the president shall appoint the justices, there’s nowhere in this constitution that the president is given the power to increase the number beyond the nine plus one.
…I challenge anybody in this room to show me any provision in this constitution that says that even though article 128 (1) says nine plus chief justice at a minimum, and you don’t have an upper [ceiling]. The person to decide that upper [ceiling] is the president.
Who said the person to decide the upper [ceiling] is the president? Who? To show who’s provision? he remarked.
Some Ghanaians expressed disappointment in what they dubbed poor behavioural approach at the vetting process calling for restrain and respect as they comment on the live proceedings.
