The vetting by the Appointments Committee of Parliament of two nominees to the Supreme Court faced a sudden suspension today (August 13) after the Member of Parliament for Bawku Central, Mahama Ayariga challenged the President’s authority to appoint more than nine Justices to the Supreme Court, in addition to the Chief Justice.
During the vetting process for the new nominees, who were put forward to replace two retiring Justices, Mr. Ayariga raised a constitutional issue.
He argued that the 1992 Constitution stipulates the Supreme Court should consist of the Chief Justice and "not less than nine" other Justices.
He contended that the President's move to appoint additional Justices violated Article 128 (1) of the Constitution.
He said: "There is nowhere in this constitution that the President is given the power to increase the number (of judges) beyond the nine plus one, nowhere, and I challenge anybody in this room to show me any provision in this constitution that states that even though Article 128 (1) says nine plus Chief Justice as the minimum and you don't have an upper ceiling but the person to decide that upper ceiling is the President."
"Who says the person to decide that upper ceiling is the President, who? Show me which provision... And I am not talking about this President, previous Presidents have done that before. So it is not about this President, previous Presidents have done that before... No such power is given to the President".
His objection sparked a heated debate within the Appointments Committee, dividing majority and minority members on how to proceed.
The Majority argued that the vetting should continue, with the Committee including its opinion on Ayariga's legal objection in its report to Parliament.
On the other hand, the Minority called for the vetting to be suspended and the issue referred to the Speaker of Parliament for a determination before proceeding further.
Mr. Ayariga's motion was seconded by Minority Leader Dr. Cassiel Ato Forson, but the Majority insisted that a vote on the motion should guide the Committee's next steps.
The Chairperson, Patricia Appiagyei, subsequently suspended the sitting for 10 minutes, though it was suggested by the Minority that the suspension could last longer.
Justice Sophia Rosetta Bernasko Essah, a justice of the Court of Appeal was seated to take her turn before the Appointments Committee today.
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