Parliament’s Appointments Committee has formally approved the appointment of three Supreme Court nominees, marking a significant shift in the judiciary following a protracted debate and a dramatic walkout by the Minority Caucus.
The committee’s recommendation follows a tense five-day emergency recall initiated by Minority Leader Alexander Afenyo-Markin, who raised preliminary objections to the procedure and timetable adopted for the vetting process.
Mr. Afenyo-Markin argued that the current process was unduly compressed, particularly considering the Supreme Court currently lacks a vacant seat requiring immediate replacement. He contended that the three nominees are being considered primarily for expansion rather than filling vacancies caused by retirement, death, or removal, questioning the justification for rushing their consideration during Parliament’s five-day emergency recall.
The Minority maintained that the nominations were initially referred to Parliament at the beginning of the session and that the public had not been afforded the usual opportunity to submit memoranda on the nominees. The Minority Leader stressed that his objection was not directed at the qualifications or personalities of the nominees, but at the procedure itself – a critical aspect of the nomination process.
Following the committee chairman’s rejection of the objection and ruling that the committee could proceed with the vetting, the Minority Leader subsequently walked out, leaving the Majority side to continue with the process.
The nominees bring substantial legal and judicial experience to the proposed expanded bench, with Justice Sophia Rosetta Bernasko Essah, a Justice of the Court of Appeal with considerable experience within Ghana’s Judiciary, being the most prominent.
Justice Edward Amoako Asante, also a Court of Appeal Justice, previously served as President of the ECOWAS Court of Justice for three terms, totalling six years, before returning to Ghana’s judiciary. His regional judicial experience includes work on human rights and other areas of international law.
Anthony Forson Jnr, the nominee from private legal practice, is a former President of the Ghana Bar Association and has a long career in the legal profession.
The nominations were made by President John Dramani Mahama in consultation with the Judicial Council, as required under the constitutional framework for appointments to the Supreme Court. The Council of State subsequently informed the President that the nominees were qualified and suitable for the positions.
The nominations are part of a larger context of controversy surrounding the judicial appointments, which is linked to Parliament’s emergency recall, which runs from August 24 to August 28, following a request from President Mahama to address urgent matters, including the consideration of two ministerial nominees, the three Supreme Court nominations, and the Banks and Specialised Deposit-Taking Institutions (Amendment) Bill.
The Minority, however, maintained that the emergency nature of the sitting should not be used to dispense with the level of scrutiny ordinarily expected of Supreme Court nominees, asserting that the speed of the process risks undermining parliamentary and public scrutiny.
From committee to the House, the committee’s recommendation now clears the way for the three nominations to be presented to the full House for consideration. If Parliament approves them, the three nominees will subsequently take the required oath before assuming office on the Supreme Court bench. The episode has nevertheless introduced a political dimension to what is constitutionally a process of scrutinising presidential nominations, with the Minority insisting that the speed of the exercise risks undermining parliamentary and public scrutiny, while the Majority has proceeded on the basis of the mandate given to the committee during the emergency recall.
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Source: MyJoyOnline
