Minority Questions Akufo-Addo's Legal Authority to Pack Supreme Court with Party Cronies

Chaos erupted at the Appointments Committee of Parliament on Tuesday, August 13, 2024, as the Minority attempted to halt the vetting of two individuals nominated by President Akufo-Addo for the Supreme Court. Justice Sophia Bernasko Essah and Professor Richard Frimpong Oppong were set to answer questions regarding their eligibility for the Supreme Court.

However, even before the vetting process began, concerns were raised about the constitutionality of the appointments.

The National Democratic Congress (NDC) Member of Parliament for Bawku Central, Mahama Ayariga, argued that the appointments were unconstitutional.

“I believe we have been engaging in an illegal and unconstitutional practice. The President has been exercising power without any foundation in the Constitution or any law that I know, and I want to raise this issue and have it recorded. I object to the nominations on the grounds that they are unconstitutional.

This contravenes Article 128 of the Constitution and is not supported by Article 144. It violates the discretionary power provisions of Article 296 and does not satisfy Parliament’s powers to fill voids under Article 298 of the Constitution. I don’t know if you want to continue with this exercise, but to tell you the truth, we’ve been doing the wrong thing,” he said.

Mahama Ayariga

In response, the Majority Leader in Parliament, Alexander Afenyo-Markin, addressed the concerns raised by the NDC MP. He emphasized that the role of the Appointments Committee is solely to consider and vet the nominations made by the President.

“Our responsibility is simply to vet and report to Parliament for a decision to be made. We are not here to determine whether a matter should be taken under a certificate of urgency, which would be determined by a committee. This is just vetting. Madam Chair, I am ready for the process to begin,” he said.