The Bawku Central Member of Parliament (MP), Mahama Ayariga has challenged the powers of the president to appoint more than nine justices to the Supreme Court in addition to the Chief Justice.
He made this known at the vetting of new Supreme Court Justices appointed by the President to replace two justices who are due for retirement in Accra on Tuesday.
The president in his letter requesting for the vetting of the nominees indicated that the reason was to fill the vacancy that will be created from the retirement of the two candidates that join the court to make the number 15.
But Ayariga argues that the constitution sets the number of Supreme Court justices at not less than 9 in addition to the Chief Justice.
He, however, contends that even though the constitution does not put a bar on the maximum number of Supreme Court Justices to be appointed, Presidents in the past and the current president have sought to allocate to themselves this power.
Ayariga notes that such an act is in clear violation of the constitution.
In his view, a careful look at articles 296 or 298 of the 1992 constitution, suggests that it is parliament that can either make laws to regulate the increase in the number or the president can only do so through laying a constitutional instrument in parliament.
Ayariga thus asked the appointments committee to settle the issue before the nominees.
“As we speak, we have 15 justices on the Supreme Court. We are told that one is retiring. We have 15 justices on the Supreme Court. It means that we have nine plus the chief justice making 10 and an additional five making it 15. This letter states that two of the 15 are about to retire.
“The president is seeking to make early arrangements to make sure that there’s no vacuum when the two do retire…The legal issue that I’m raising before this committee, which should be captured in our report for discussion, is this. Whereas the constitution in article 144 says the president shall appoint the justices, there’s nowhere in this constitution that the president is given the power to increase the number beyond the nine plus one.”
“…I challenge anybody in this room to show me any provision in this constitution that says that even though article 128 (1) says nine plus chief justice at a minimum, and you don’t have an upper [ceiling]. The person to decide that upper [ceiling] is the president. Who said the person to decide the upper [ceiling] is the president? Who? To show who’s provision?”
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