…Rejects additional Supreme Court Judges

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 packing of the judiciary.

The judges, appear 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 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.

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