The Majority in Parliament has come out in support of the Chief Justice’s proposal to increase the number of Supreme Court judges to twenty (20)
Chief Justice Gertrude Araba Torkornoo has presented five new judges to President Nana Akufo-Addo for nomination to the Supreme Court, citing the high volume of cases before the court.
However, this proposal has raised questions about its constitutionality. The opposition in parliament, National Democratic Congress (NDC) criticized this move, arguing that it is unlawful.
Addressing the Media, Majority Leader, Alexander Afenyo-Markin, has maintained that the proposal is within the legal boundaries.
“We’ve become aware that the chief justice has mooted a proposal to expand the Supreme Court to 20 judges for efficiency and effectiveness.
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. When somebody is in charge of the management of a body he can determine how to run the place efficiently, what would make the work of that institution be properly done, and to make proposals within the context of the law.”
The Majority Leader argued that the framers of the Constitution anticipated the possibility of increasing the number of Supreme Court judges in the future, which is why they did not provide an upper ceiling.
“The framers of our constitution in their wisdom gave us a minimum ceiling. What did they anticipate? The anticipation was that there could be a possibility in the future to increase the number. That is why they did not provide for an upper ceiling… So if you read this and juxtapose it against the 125, 125, 4 that I earlier referred to, clearly you cannot argue that any increase in the number of judges at the Supreme Court above 10 is unconstitutional or that the chief justice is wrong in making such a suggestion or proposal.”
Story by: Cindy Selasi Humade | univers.ug.edu.gh
