Yaw Buaben Asamoa, a senior policy advisor to the leader of Movement for Change, Alan John Kwadwo Kyerematen, has expressed the need for Ghana not to have more than 15 justices for its apex court.
He says in other democratic jurisdictions such as the United States, the number of justices at the Supreme Court are capped, and same should be done in Ghana.
His comment comes on the back of the Chief Justice’s nomination of five judges to be considered by the President for appointment to the Supreme Court.
The move, which has since garnered a lot of discussion, with many saying the CJ overstepped her boundaries, has been argued by the Attorney General and Majority Leader in Parliament, saying the work overload on the apex court requires the inclusion of five more additional judges to subdue the pressure as provided by the Chief Justice.
But speaking on the KeyPoints Saturday, July 13, 2024, on TV3, Mr. Buaben Asamoa, who is a former Director of Communications for the governing New Patriotic Party (NPP), noted that “We don’t need more Supreme Court judges. The Supreme Court bench should be capped at 15 including the Chief Justice.”
According to him, what the country needs to do is to “enhance the administration of justice with the necessary infrastructure and logistical support and improvements in the work environment” and then “cap the number” as contained in the Movement for Change’s Great Transformational Agenda (GTP).
In his explanation, he said “we are saying this because the argument the Chief Justice is making is based on the workload being on the individual justices. So it is built on a super structure. So if the Supreme Court is a roof, they are taking everything to the roof without a foundation and super structure to hold them up.
“We must invest in the super structure, the roots and the super structure so that by the time the cases get to the Supreme Court, they are quickly disposed off,” he explained.
He continued that “95% of cases the Supreme Court deals with do not involve the taking of original evidence. They are all based on matters on record that are being litigated as to the merits as to law.”
The Chief Justice, Gertrude Araba Esaaba Torkornoo has requested that President Addo Dankwa Akufo-Addo nominate five judges to the Supreme Court of Ghana. This significant move, she noted, aims to bolster the judiciary with highly qualified and experienced legal minds.
The nominees include Justice Afia Serwaa Asare-Botwe, who is currently presiding over the controversial ambulance trial involving the Minority Leader in Parliament, Dr. Cassiel Ato Forson.
The others are Justice Cyra Pamela Koranteng, Justice Eric Kyei Baffour, Justice Edward Amoako Asante and Justice Angelina Mensah Homiah.
In a letter dated May 30, 2024, Chief Justice Torkornoo outlined the qualifications and current roles of the nominees to President Akufo-Addo.
She highlighted the remarkable tenure of Justice Edward Amoako Asante at the ECOWAS Court of Justice. Justice Asante’s term at the ECOWAS court officially concluded on July 31, 2022. However, due to the geopolitical developments in the region, notably the withdrawal of Mali, Guinea, and Burkina Faso from the community, he was requested to remain in his post to ensure continuity and stability.
Chief Justice Torkornoo noted that Justice Asante’s extended tenure is set to conclude in 2026, or potentially earlier, at which point he is expected to return to serve within Ghana’s judiciary system.
His anticipated return and subsequent nomination to the Supreme Court are seen as a strategic move to leverage his extensive experience and the insights he has gained from his time at the regional court.
“Justice Asante’s term of office at the ECOWAS court ended on July 31, 2022. He was requested to remain at post on account of the withdrawal of Mali, Guinea and Burkina Faso from the community. His current tenure is expected to end in 2026 or earlier when he is expected to return to Ghana’s Judiciary,” she noted.
