Packing the Supreme Court is Complete Abuse of Power – Ansah Asare
Former Ghana School of Law (GSL) Director and private legal practitioner, Mr. Ansah Asare, has stated that any move to increase the number of Supreme Court judges would be illegitimate. This comes after Chief Justice Gertrude Torkornoo indicated a need for additional judges to handle the court’s caseload.
Following the hearing of two lawsuits filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi against the anti-gay bill passed by Parliament, Justice Torkornoo remarked on the necessity of more judges: “The ruling is adjourned to July 17, 2024. We must thank everyone for their patience, but this is our lot. There are several cases pending, right? That is why we need more Supreme Court judges.”
In response, President Akufo-Addo has formally requested the nomination of five judges to the Supreme Court of Ghana. The nominees include Justice Afia Serwaa Asare Botchwey, Justice Cyra Pamela Koranteng, Justice Edward Amoako Asante, Justice Eric Kyei Baffuour, and Justice Angelina Mensah Homiah.
However, speaking on Morning Starr with Francis Abban, Mr. Asare argued against increasing the number of Justices at the Supreme Court, considering it an illegitimate move and an abuse of power. He expressed skepticism about the reasons given for the expansion: “The reason we are being given now is looking for a stick to beat one dog. We should not entertain such things. Is the Ladyship Chief Justice suggesting that each time we have a very sensitive case that number should be increased? For me, this is illegitimate and an abuse of power.”
Mr. Asare further contended that such practices are detrimental to the nation and that past leaders who engaged in similar actions would not attempt them today. He criticized the timing of the nominations, suggesting they could be used for political advantage: “It is a mess; we are creating problems in search of solutions. We don’t need any such thing. Even if they are to add one more it is still illegitimate, clear abuse of power, the clear abuse of incumbency. But the problem that will loom large would be when we know the outcome of the election. As I said, if it goes against the NPP then they will find solace in the packing of the court.”
Reflecting on historical precedents, Mr. Asare remarked, “This happened during the Rawlings regime. My sincere and honest assessment of the situation is that whatever the number is, it will be intended to use them to claim victory. It is not good for the country. Nkrumah did it in the ’60s; if he was to be alive today, I think he would be the first to regret having done that.”