The vetting of one of the Supreme Court nominees, scheduled for Tuesday, August 13, 2024, was suspended after the Member of Parliament for Bawku Central, Mahama Ayariga, raised concerns over the President’s power to nominate more than 10 Supreme Court justices.
The issue was raised on Tuesday morning during the vetting of Justice Sophia Rosetta Oduokwu Bernasco-Essa by the Parliamentary Appointments Committee.
According to a report by graphic.com.gh, Ayariga’s challenge triggered a debate among the committee members that lasted for about 40 minutes.
“Currently, there are 15 judges in the Supreme Court. I have been told that one of them is retiring. There are 15 judges in the Supreme Court. So, including the Chief Justice, there are nine, making a total of 10, plus five more for a total of 15. This letter says that two of the 15 are retiring.
“The president is trying to get things in order early so that there is no vacuum when they retire. This is the legal issue that I will raise with this committee and put in its report for discussion. Article 144 of the constitution says that the president appoints judges, but nowhere in the constitution is there any provision that gives the president the power to increase the number beyond nine plus one.”
“…I would say to anybody in this room, show me a clause where Article 128(1) of the Constitution says there should be a minimum of nine plus Supreme Court judges, but there is no cap. It is the President who decides the cap. Who said it is the President who decides the cap? Who is it? Show me whose clause,” he said.
The discussion became so heated that committee chair Patricia Appiajayi adjourned the meeting.
When the committee met again, tensions arose among the committee members, who are made up of lawmakers from the National Democratic Congress and the New Patriotic Party.
Check out the video below:
Meanwhile, GhanaWeb is set to premiere a documentary on playwright Uncle Ebo White on Monday, August 19, 2024. Check out the trailer below:
Against/Affirmative