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President Can’t Appoint Supreme Court Justices Without Judicial Council Nod – Martin Kpebu

According to the NDC, the addition of the five Judges to the Supreme Court Justices will only contribute to creating a judiciary that is no longer a check on executive power, but a mere extension of it.

A private legal practitioner, Martin Kpebu, has said that President Akufo-Addo can only appoint Supreme Court justices upon receipt of a recommendation from the Judicial Council.

This comes after the Chief Justice, Gertrude Torkonoo, officially requested the President to add five judges to the Supreme Court bench in a letter dated May 30, 2024.

The list of recommended judges put forward by the Chief Justice includes Justice Angelina Mensah Homiah, Justice Eric Kyei Baffour, Justice Edward Amoako Asante, Justice Cyra Pamela C.A Koranteng, and Justice Afia Asare Botwe.

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However, making a comment in the media on the CJ’s request on July 6, 2024, in Accra, Martin Kpebu said the CJ cannot proceed without the involvement of the Judicial Council.  

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“There must be a recommendation from the Judicial Council, if the president has not received advice from the judicial council he cannot start,” Kpebu said. 

Meanwhile, the National Democratic Congress in a press conference on July 4, addressed by the General Secretary, Fiifi Fiavi Kwetey, condemned the proposed appointments as an attack on Ghana’s democratic values.

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Kwetey further accused President Akufo-Addo and the Chief Justice of conspiring to compromise the independence of Ghana’s judiciary, putting the entire system at risk.

“This is a direct threat to Ghana’s Judicial system. This isn’t just a political manoeuvre of an already existing failed President; it’s an assault on our democracy, a betrayal of public trust,” Kwetey said.

According to the NDC, the addition of the five Judges to the Supreme Court Justices will only contribute to creating a judiciary that is no longer a check on executive power, but a mere extension of it.

In response to these allegations, Attorney-General, Godfred Dame, while speaking at the United States Independence Day Event at the Embassy Garden in Accra, rejected suggestions that President Akufo-Addo is trying to manipulate the Supreme Court by appointing additional justices, as requested by the Chief Justice. 

“What I am aware of is the request from the Chief Justice, I believe that the Judiciary is no doubt better placed to provide ample justification for the need for an enhanced Supreme Court, but again it is worthy to note that the Supreme Court of Ghana is quite unique and different from other Supreme Courts around the world, ” he said.

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