Spokesperson for the Ghana Bar Association (GBA), Saviour Kudze has described Chief Justice Gertrude Torkornoo’s procedure for Supreme Court Nominations as irregular.
According to him, the Chief Justice’s approach was improper, echoing criticisms from several legal experts and the opposition National Democratic Congress (NDC).
This follows a letter from Chief Justice Torkornoo to President Akufo-Addo, in which she submitted five names for nomination to the apex court, citing a heavy workload and numerous pending cases as the reasons for the request.
The names recommended for nomination to the Supreme Court include Justice Afia Serwaa Asare Botchwey, who presided over the ambulance case involving Minority Leader Dr. Cassiel Ato Forson, as well as Justice Cyra Pamela Koranteng, Justice Edward Amoako Asante, Justice Eric Kyei Baffuour, and Justice Angelina Mensah Homiah.
Speaking to Joy News, Mr. Saviour Kudze explained that the Chief Justice’s action might have been an unintended mistake, rather than a deliberate act.
He noted that the correct procedure would involve the GBA, the Attorney General’s Office, and the Chief Justice’s Office collectively deliberating on the nominees and then presenting the final list to the Judicial Council for submission to the President.
“The three recommending bodies bring their lists to the Judicial Council, which then sends the names with an advisory note to the President. The President can appoint everyone on the list, some of them, or reject the list entirely, but he cannot create his list without restarting the process,” Kudze explained.
Meanwhile, the NDC has condemned the Chief Justice’s actions, arguing that her recommendation of judges for nomination to the Supreme Court is unconstitutional.
At a press conference in Accra, NDC General Secretary Fifi Fiavi Kwetey asserted that the constitution does not empower the Chief Justice to recommend individuals to the President for Supreme Court appointments.
“We unequivocally state that the Chief Justice’s letter is illegal and of no effect. Her actions have upended due process and compromised her independence as the head of the judiciary. We are concerned about a troubling pattern suggesting that the President is appointing loyal party members to the court to control the judiciary and avoid post-regime accountability,” Kwetey said.
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