..“For Me This Is Illegitimate And An Abuse Of Power” – Ansah Asare

The tough-talking former Director of the Ghana School of Law (GSL) and private legal practitioner, Ansah Asare, has kicked against any move to increase the numbers at the Supreme Court, insisting it will be “illegitimate and an abuse of power”.

“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 said.

This follows Chief Justice, Gertrude Torkornoo, indicating that the Apex Court, will need additional hands for the workload, hence President Akufo-Addo, has made a formal request to nominate five judges to the Supreme Court of Ghana. Interestingly, most of them have been sitting on high-profile political cases involving the ruling party’s opponents.

Justice Torkornoo, disclosed this after the hearing of two lawsuits filed by Broadcast Journalist, Richard Dela Sky and Researcher Dr Amanda Odoi against Parliament’s passage of the anti-gay bill, the Chief Justice, called for the need for 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,” Gertrude Torkornoo stated.

The names nominated for appointment to the Supreme Court, include Justice Afia Serwaa Asare Botchwey, the presiding judge in the ambulance case involving Minority Leader Dr. Cassiel Ato Forson, as well as Justice Cyra Pamela Koranteng, Justice Edward Amoako Asante, Justice Eric Kyei Baffuour, and Justice Angelina Mensah Homiah.

Currently, there are 15 Supreme Court judges. They are Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, Justice Paul Baffoe Bonnie, Justice Gabriel Pwamang, Justice Mariama Owusu, Justice Avril Lovelace Johnson, Justice Issifu Omoro Tanko Amadu and Justice Prof. Henrietta Joy Abena Nyarko Mensa-Bonsu.

The rest are, Justice Emmanuel Yonny Kulendi, Justice Barbara F. Ackah Yensu, Justice Samuel Kwame Adibu-Asiedu, Justice George Kingsley Koomson, Justice Ernest Yao Gaewu, Justice Henry A. Kwofie, Justice Yaw Darko Asare and Justice Richard Adjei-Frimpong.

But in what appears to be a novel development, the Judicial Council, during its meeting on Monday, June 24, 2024, boldly rejected the recommendation for additional Supreme Court justice nominees proposed by President Nana Akufo-Addo, saying it amounts to the packing of the judiciary.

The judges, appeared cleverly selected by the President, as they have either handled high-profile political cases involving opponents of the Akufo-Addo government, jailing the accused persons in the process, or currently sitting on some. 

Prominent on the list is, Justice Afia Serwah Asare Botwe, who is sitting on the €2.37 million financial loss case involving former Finance Minister and National Democratic Congress (NDC) Member of Parliament (MP) for Ajumako Enyan Esiam Constituency, Central Region, Cassiel Ato Forson and Richard Jakpa, a representative of Big Sea based in Dubai in the United Arab Emirates (UAE).

Justice Afia Serwah Asare Botwe, recently in open court at the Ato Forson trial, revealed she was writing her memoirs. But ahead of its completion, she hopes to be on the Supreme Court bench soon.

Her nomination to the apex court, has therefore left many wondering whether she expressed mere desire or it just dropped out of her mouth, because the government had promised her a package. 

Another prominent name on the list is, Justice Eric Kyei Baffour, who sat on the National Communications Authority (NCA) case and convicted its ex-Director General and some other board members who served under the Mahama administration.  

Previously, the President secured the Judicial Council’s approval for two additional Supreme Court justices: Justice Bernasko Essah of the Court of Appeal and Dr Richard Frimpong, a Professor of Law in Canada.

However, the Council declined to endorse five more nominees, citing concerns that the timing of these nominations might reinforce perceptions that the President is attempting to “pack the courts.”

The Council acknowledged the validity of the President’s rationale for the nominations but expressed that the timing was problematic.

The three other rejected nominees on the list aside from Justice Afia Serwah Asare Botwe and Justice Eric Kyei Baffour, are Justice Asante from the ECOWAS Court, Justice Angelina Mensah Homiah, and Justice Pamela Addo Koranteng.

Justice Afia Serwah Asare Botwe, who joined the Bench in 2013, has presided over notable cases such as the Republic v. Hon. Abuga Pele and Philip Assibit, the Kitchen Knife Coup Plotters case, the Republic v. Sedinam Tamakloe and Daniel Azim, Republic v. Michael Nyinaku of Beige Bank, and the ongoing Ambulance case involving the Minority Leader, Ato Forson and Richard Jakpah.

She is widely regarded as a favourite of the current political regime, having been promoted to the Court of Appeal during her oversight of the Coup Plotters case, along with two other judges, by President Akufo-Addo.

Justice Eric Kyei Baffour, is known for handling the criminal trial of the NCA board members, convicting former Board Chairman, Eugene Baffour Bonnie, former NCA Director, William Tevie, and former Deputy National Security Coordinator, Alhaji Osman.

He also convicted William Ato Essien in the Capital Bank criminal trial.

Justice Asante, gained attention in 2008 for stopping Nana Addo and his family members’ attempt to injunct the EC from declaring Professor Mills as the President-elect.

However, he reportedly garnered favour with President Akufo-Addo, after dismissing the suit brought by CSOs regarding the controversial Agyapa deal, which led to Martin Amidu, calling President Akufo-Addo the “mother serpent of corruption.”

Senior lawyers, speaking anonymously, commended the Judicial Council for their courageous and public-interest-focused decision, noting it would help restore public confidence in the justice system.

They suggested the President, could have included some senior Justices of the Court of Appeal, such as Justice Senyo Dzamefe and Dominic Adjei, also known as “Sir Dennis,” to lend a sense of national significance and consensus to the list.

Commenting on the matter on Morning Starr with Francis Abban, the ex-Director of Ghana School of Law, Mr Asare, stated that any additional Justices at the country’s Apex Court, should not be entertained.

“This is not the Chief Justice who is doing it, I don’t think the request is coming from the Justice, as I said if the request must come at all, the Judicial Secretary, should be the mouthpiece to announce whatever changes they want to make for, and on behalf of the Judicial Council. And let us leave the Chief Justice out of this mess,” the former GSL Director lamented.

According to him, such practices are not helpful to the nation and former leaders who engaged in them would not attempt it now.

“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, 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.

“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 to have done that.”

The NDC on its part, has condemned the Chief Justice’s decision to recommend judges for nomination to the Supreme Court, describing the proposal as unconstitutional.

During a press conference in Accra, NDC General Secretary, Fifi Fiavi Kwetey, stated that the constitution does not mandate the Chief Justice to recommend individuals to the President for nomination as Supreme Court judges. 

He described the Chief Justice’s letter to President Akufo-Addo, as having no constitutional basis and therefore of no effect. 

“Nowhere in the constitution is the Chief Justice named as the one to recommend persons to the president for appointment to the Supreme Court. We wish to state, without any equivocation, that the Chief Justice’s letter is illegal and of no effect. 

“Her actions have completely turned over due process on its head and compromised her independence as the head of the judicial system. We are concerned about a worrying pattern that irresistibly suggests that the president is only appointing loyal members of his party to this court to have control over the judiciary to escape post-regime accountability,” he stated.

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