Legal practitioner and renowned academic, Professor Stephen Kwaku Asare, also known as Kwaku Azar, has expressed his disapproval of President John Mahama’s decision to nominate seven new justices to the Supreme Court. In his opinion, the nominations are unnecessary, especially considering the current state of the judiciary’s physical infrastructure and budgetary constraints.
President Mahama’s nomination of the seven new justices, as stated in a letter dated 29th April and signed by Dr Callistus Mahama, Secretary to the President, is in accordance with Article 144(2) of the 1992 Constitution and is subject to parliamentary approval.
The nominees for the Supreme Court include Justice Sir Dennis Dominic Adjei, Justice Gbiel Simon Suurbaareh, Justice Senyo Dzamefe, Justice Kweku Tawiah Ackaah-Boafo, Justice Philip Bright Mensah, Justice Janapare Bartels-Kodwo, and Justice Hafisata Amaleboba.
However, Professor Asare took to social media to criticize the decision, highlighting concerns about the already bloated nature of the bench and the logistical challenges faced by the judiciary. He emphasized that many judges across the country lack basic research tools and technological support, while courtrooms suffer from inadequate infrastructure. Therefore, expanding the Supreme Court at this time seems unjustifiable when ordinary judges operate under such dire conditions.
Instead of increasing the apex bench, Professor Asare advocated for a redirection of resources towards improving judicial infrastructure, training, case automation, and professional support systems. These reforms would directly enhance justice delivery for the average citizen.
Furthermore, Professor Asare pointed out that the appointment of new justices may be intended to rebalance the court but ultimately undermines constitutional integrity. He criticized the practice of using judicial appointments as a means of political correction, turning the apex court into a battleground for factional interests rather than a symbol of legal stability.
Additionally, Professor Asare raised concerns about the timing of the nominations, particularly amidst ongoing proceedings regarding the possible removal of the Chief Justice. He concluded by calling for a credible, well-resourced, and truly independent apex court to uphold the principles of justice and fairness.
In conclusion, Professor Asare’s critique of the nomination of seven new justices to the Supreme Court underscores the need for a thoughtful and strategic approach to judicial appointments in Ghana. It is crucial to prioritize the strengthening of the judiciary’s infrastructure and resources to ensure effective and impartial justice delivery for all citizens.
