Former Director of the Ghana School of Law and private legal practitioner, Ansah Asare, has vehemently criticized the Chief Justice’s request for the appointment of additional judges to the Supreme Court.
Mr Asare, in a compelling argument, labeled the move as illegitimate and an abuse of power, suggesting it could be a strategy to manipulate sensitive cases.
He pointed out that the request to increase the number of Supreme Court judges is politically motivated, arguing that the justification for such a request is merely a pretext.
“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”.
Ansah Asare, Former Director of the Ghana School of Law and Private Legal Practitioner
Mr Asare further noted that the request undermines the integrity of the judicial system and sets a dangerous precedent.
He expressed skepticism about the origin of the request, emphasizing that it should be the responsibility of the Judicial Secretary to announce any such changes on behalf of the Judicial Council, not the Chief Justice.
“The Chief Justice by herself has no power to increase the number,” Mr Asare asserted, maintaining that any such request should originate from the Judicial Council collectively.
He dismissed the reasons provided by the Chief Justice as unconvincing and reiterated that there is no justification for adding more judges at this time.
Political Implication of CJ’s Request
Furthermore, the former Ghana School of Law Director contended that the move could be seen as a political maneuver to secure favorable outcomes in future elections.
He drew parallels to similar practices during the late former President Jerry John Rawlings regime and in addition referenced the country’s first President, the late Dr Kwame Nkrumah’s actions in the 1960s, suggesting that such measures could be regretted in hindsight.
“The problem that will loom large would be when we know the outcome of the election. If it goes against the NPP, then they will find solace in the packing of the court,” Mr Asare predicted, highlighting the potential for the request to influence judicial decisions in favor of the current administration.
”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”.
Ansah Asare, Former Director of the Ghana School of Law and Private Legal Practitioner
Moreover, Mr Ansah Asare pointed out the disparity between Ghana and other nations, noting that the United States of America, with a significantly larger population and more extensive judicial needs, has maintained a stable number of nine Supreme Court justices since the establishment of its constitutional democracy.
Mr Asare argued that Ghana, with its smaller population and geographical size comparable to the state of Oregon, has no justifiable reason to increase its number of Supreme Court judges.
“This is not the time for the government to use the Judicial Council as a cover-up and the Judicial ought not to have entertained the request at all. So currently I don’t think there is any justification or any reason that can be justified. No justification can be given; we don’t need additional Supreme Court judges”.
Ansah Asare, Former Director of the Ghana School of Law and Private Legal Practitioner
Citing Article 128, Clause 4 of the Ghanaian Constitution, the private legal practitioner emphasized that the current number of Supreme Court justices, including the Chief Justice, is sufficient.
He concluded that the judicial system should resist any attempts to increase this number, as it would not only be unnecessary but also detrimental to the country’s democratic principles.
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