Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has strongly opposed the idea of maintaining an uncapped number of judges at the Supreme Court, warning that such flexibility could be exploited for political gains.
Speaking in an interview on Adom FM’s Dwaso Nsem, Mr. Ansa-Asare argued that without a constitutional limit, successive presidents could manipulate the bench to suit their personal or political interests.
“When the number is left unlimited, it opens the door for abuse. Every president who comes to power will want to appoint more judges to the Supreme Court, not necessarily to strengthen justice delivery, but to reward allies. It has become too political,” he said.
He cited the United States as an example of a system with stability, where the number of Supreme Court justices has been fixed at nine, including the Chief Justice.
“In America, the number is nine. It’s capped. That way, no president wakes up one day to increase it for political convenience,” he added.
Mr. Ansa-Asare expressed worry that the current nomination of seven new justices might not be the end.
“It won’t be long before another one is added. That’s the fear. And it won’t help,” he stressed.
He also disagreed with Supreme Court judge nominee Justice Senyo Dzamefe, who had earlier supported the current constitutional arrangement that allows for an unlimited number of judges at the apex court.
Justice Dzamefe, during his vetting on Monday, defended the status quo, arguing that increasing the number of judges would help reduce the Supreme Court’s caseload, especially in matters related to land, chieftaincy, and constitutional interpretation.
“The framers of the Constitution knew why they didn’t cap the number. So far as it is not capped, I am for it,” Justice Dzamefe said.
But Mr. Ansa-Asare believes such flexibility undermines the independence of the judiciary.
“I don’t agree with Justice Dzamefe or anyone who says the numbers should be left unlimited. Politics has become a job for the boys and girls. Maybe when someone becomes president, they already have people they want to promote or reward,” he said.
He called on Parliament and constitutional experts to relook at the arrangement and establish a firm ceiling on the number of justices at the Supreme Court to preserve its integrity and independence.
“This is not about personalities. It’s about protecting the sanctity of the court,” he stated.
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