The majority in Parliament has jumped to the defence of the Chief Justice following her recommendation to President Akufo-Addo for the nomination of five judges to the Supreme Court, citing a high volume of cases as the reason for the increase.
Chief Justice Gertrude Araba Torkornoo has submitted five names to President Akufo-Addo for nomination as judges to the apex court bench.
She has, however, come under criticism, with some critics, including the National Democratic Congress (NDC), describing her resignation as unconstitutional.
But the majority leader in Parliament, Alexander Afenyo-Markin, disagrees.
Addressing journalists on Monday, July 8, 2024, he posited that the reception by the Chief Justice is within legal boundaries, adding that the Chief Justice violated no laws.
“Some people are saying that the Chief Justice does not have such a mandate to do so. We disagree and would say that, per article 125 (4) of the constitution, there are some inherent powers provided for in this provision that allow the Chief Justice as a chief executive and head of the judiciary to make such proposals. Quote, ‘the chief justice shall, subject to this constitution, be head of the judiciary, and shall be responsible for the administration and supervision of the judiciary’.”
“When somebody is in charge of the management of a body he is able to determine how to run the place efficiently, what would make the work of that institution be properly done, and to make proposals within the context of the law.
“The framers of our constitution in their wisdom gave us a minimum ceiling. What did they anticipate? The anticipation was that there could be a possibility in future to increase the number. That is why they did not provide for an upper ceiling… So if you read this and juxtapose it against the 125, 125, 4 that I earlier referred to, clearly you cannot argue that any increase in the number of judges at the Supreme Court above 10 is unconstitutional or that the Chief Justice is wrong in making such a suggestion or proposal,” he said.
By: Rainbowradioonline.com/Ghana
