Parliament’s Appointments Committee has recommended the approval of three nominees for appointment to the Supreme Court despite a walkout by the Minority Caucus over the procedure and timeframe for the vetting.
The nominees are Justice Sophia Rosetta Bernasko Essah, Justice Edward Amoako Asante and private legal practitioner Anthony Forson Jnr.
If approved by Parliament, their appointment will increase the number of justices on Ghana’s highest court from 18 to 21.
The recommendation was reached after a heated sitting on Thursday, August 27, during which Minority Leader Alexander Afenyo-Markin challenged the decision to fast-track the vetting.
Mr Afenyo-Markin argued that the process was being rushed even though there was currently no vacant position on the Supreme Court requiring an immediate replacement.
He said the nominations were intended to expand the membership of the court rather than fill vacancies caused by retirement, death or removal.
He therefore questioned the decision to fast-track the exercise during Parliament’s five-day emergency recall.
The Minority also argued that the nominations were referred to Parliament only at the start of the emergency sitting and that the public had not been given the customary opportunity to submit memoranda on the nominees.
Mr Afenyo-Markin stressed that the Minority’s objection was not based on the qualifications or competence of the nominees, but rather on the procedure and timeframe adopted for the exercise.
The Minority subsequently walked out after Committee Chairman Bernard Ahiafor dismissed the objection and directed that the vetting should proceed.
Mr Ahiafor described the Minority’s reasons for opposing the process as “flimsy”, “hollow” and “baseless”.
The walkout left the Majority members of the committee to continue with the vetting and consideration of the nominees.
Justice Sophia Rosetta Bernasko Essah currently serves on the Court of Appeal and has extensive experience within Ghana’s judicial system.
Justice Edward Amoako Asante, also a Court of Appeal Justice, previously served as President of the ECOWAS Court of Justice for three terms, covering six years. His judicial career includes experience in human rights and international law.
Anthony Forson Jnr, a private legal practitioner and former President of the Ghana Bar Association, has also practised law for several years.
President John Dramani Mahama nominated the three individuals in consultation with the Judicial Council, in accordance with the constitutional process for appointments to the Supreme Court.
The Council of State subsequently advised the President that the nominees were qualified and suitable for the positions.
Emergency recall
The disagreement over the nominations comes against the backdrop of Parliament’s emergency recall, which is scheduled to run from August 24 to August 28.
Speaker Alban Kingsford Bagbin said the recall was triggered by a request from President Mahama to consider several urgent matters, including two ministerial nominations, the three Supreme Court appointments and the Banks and Specialised Deposit-Taking Institutions (Amendment) Bill.
The Speaker subsequently referred the judicial nominations to the Appointments Committee with instructions to vet the nominees and report back to the House within the emergency sitting period.
The Minority, however, maintained that the emergency nature of Parliament’s sitting should not override the level of scrutiny normally required for nominees to the country’s highest court.
With the committee now recommending their approval, the three nominations are expected to be submitted to the full House for consideration.
If approved, the nominees will take the required judicial oaths before officially joining the Supreme Court bench.
The dispute has added a political dimension to the constitutional process, with the Minority raising concerns about the speed of the exercise, while the Majority maintains that the committee is acting within the mandate granted to it by the House during the emergency recall.
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