The Majority Leader of Parliament, Honorable Alexander Kwamina Afenyo-Markin has strongly defended the Chief Justice’s proposal to expand the Supreme Court to 20 judges.
The Effutu Member of Parliament in a press conference clarified that the letter from the Chief Justice is a recommendation and not conclusive of the constitutional provisions outlined in Article 144(2) of the 1992 Constitution regarding the appointment of Supreme Court justices.
“The Chief Justice has mooted a proposal to expand the Supreme Court to 20 judges for efficiency and effectiveness. This was contained in a recent letter from the Chief Justice to the President, Nana Addo Dankwa Akufo Addo recommending some five justices to be considered for appointment to the Supreme Court of Ghana”.
Honorable Alexander Kwamina Afenyo Markin, Majority Leader of Parliament, and MP, Effutu Constituency
He pointed out that the Ghana Bar Association (GBA) was consulted and agreed in principle to the expansion, alongside consultations with other stakeholders.
Packing the Court
The Majority Leader, Honorable Alexander Kwamina Afenyo-Markin further denounced opposition National Democratic Congress (NDC), claims, suggesting that the Chief Justice’s request for the appointment of additional judges to the apex court is an attempt to “load” the apex court.
He particularly refuted the argument made by the opposition party that the United States Supreme Court, which, despite the larger population of the U.S., has fewer than ten justices, stressing the unique nature of Ghana’s Supreme Court.
The Effutu legislator emphasized that, unlike the U.S. Supreme Court, Ghanaian litigants have unfettered rights and access to the Supreme Court, as enshrined in Article 131(1)(a) of the Constitution.
He explained that Ghana’s Supreme Court has multiple jurisdictions, including original, enforcement, review, appellate, and supervisory jurisdictions, thereby arguing that making a direct comparison with Ghana’s Supreme Court and the U.S. Supreme Court is invalid.
“It is therefore untenable for anyone to suggest that Nana Addo Dankwa Akufo Addo, an astute politician as he is known to be, would risk generating controversy by making further appointments to the apex court when same is not warranted. There seems to be a missing link in their comparison of both jurisdictions. What they are not telling us, however, is that both Supreme Courts exercise different and distinct jurisdiction in terms of mandate and power”.
Honorable Alexander Kwamina Afenyo Markin, Majority Leader of Parliament, and MP, Effutu Constituency
Furthermore, the leader of the ruling New Patriotic Party in Parliament contended that the jurisdiction exercised by Ghana’s Supreme Court is more extensive and complex than that of the U.S. Supreme Court, necessitating a larger number of justices to manage the workload effectively.
He cited examples from other countries, such as Nigeria, which has increased its Supreme Court judges from 20 to 24 to handle the workload efficiently to back his claims, justifying the Chief Justice’s request for the appointment of additional judges to the Supreme Court.
The Effutu legislator, who is a seasoned legal practitioner also pointed out that Ghana’s Supreme Court is required by law to hear every single case brought before it, unlike the U.S. Supreme Court, which exercises discretion in selecting cases based on specific thresholds.
“It is instructive to note that, in the United States of America, all 50 states have their highest courts commonly called the State Supreme Court. It must also be emphasized that the jurisdiction exercised by the various State Supreme Courts is limited and circumscribed.
“For emphasis, the total number of Supreme Court judges in all 50 States is hovering around three hundred and Forty(340). On the average, each State Supreme Court has six (6) Justices”.
Honorable Alexander Kwamina Afenyo Markin, Majority Leader of Parliament, and MP, Effutu Constituency
He noted that in 2021, the Supreme Court of Ghana received 900 cases and managed to hear 600 of them, highlighting the court’s heavy caseload, warranting the appointment of additional judges.
Moreover, Honorable Alexander Kwamina Afenyo-Markin drew attention to the legislative arm of government, which has increased the number of Members of Parliament (MPs) over the years to ensure proper representation.
He questioned why a similar approach should not be applied to the judiciary when the need for more judges arises.
“The decision of the Chief Justice of the Republic of Ghana to recommend Justices for appointment to the Supreme Court comes on the back of multiple cases the Supreme Court is always saddled with. Ghana’s Supreme Court is not being packed as others would want us to believe. It is instructive to note that, since independence, we have allowed institutions to grow.
“Even before 2019, Ghana had only Ten Regions. As we speak, we have an additional six making it sixteen. The argument by the NDC that our Supreme Court is being packed or heaped is untenable having regard to its multifaceted jurisdictions unlike the United States and U.K.”
Honorable Alexander Kwamina Afenyo Markin, Majority Leader of Parliament, and MP, Effutu Constituency
The New Patriotic Party Member of Parliament for Effutu Constituency and the Majority Leader concluded by asserting that the expansion of the Supreme Court is a necessary reform to enhance its efficiency and effectiveness.
He emphasized that the framers of the 1992 Constitution anticipated the need for future expansions by setting a minimum, rather than a maximum, number of Supreme Court judges, underscoring the importance of a well-resourced judiciary in ensuring justice and upholding the rule of law in the country.
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