The Attorney General, Godfred Yeboah Dame, has stated that the Constitution empowers the administration of justice and the Supreme Court’s need to determine the number of Justices at any given time.
He emphasized that the decision is a functional aspect of court administration rather than a constitutional requirement.
“Given the breadth of the multiplicity of jurisdictions of the Supreme Court and the influx of cases at the Supreme Court, the request for the increase in the number of Justices serving on the Supreme Court from the conventional fifteen (in addition to the Chief Justice) to twenty, is not only constitutional but would ensure speedy and effective justice, minimize delays and unnecessary expense and conduce to the general efficient administration of the Supreme Court”.
Godfred Yeboah Dame
The Attorney General additionally pointed out that the Constitution mandates the Supreme Court to sit in differently constituted panels simultaneously, enabling the Court to perform its functions efficiently, which in turn necessitates a flexible determination of the number of Justices.
He explained that the constant changes in panel composition, happening almost simultaneously, can be overwhelming and hinder the efficient functioning of the Supreme Court, especially when faced with a heavy caseload and a limited number of Justices.
As such, the Attorney General noted that this situation would create a significant challenge in terms of managing the court’s workload efficiently.
Godfred Dame argued that the significant surge in pending cases – 414 in 2021/2022 and 595 in 2022/2023 – during a period when the Supreme Court had its lowest number of Justices in five years, provides concrete evidence of the need to increase the number of Justices to address the growing backlog.
This increase, he claimed, is essential to stem the tide of accumulating cases and ensure the court’s efficient functioning.
“The enhancement of the membership of the Supreme Court to twenty, as requested in the brief by Her Ladyship the Chief Justice, is appropriate”. – Godfred Yeboah Dame
Financial Considerations In Expanding Supreme Court Bench
Moreover, Attorney General Godfred Yeboah Dame cautioned that any increase in the number of Supreme Court Justices must be considered in light of the potential financial burden it would place on the state.
He emphasized the importance of balancing the advantages of adding more Justices against the potential financial costs to the public treasury.
Godfred Dame pointed out that this consideration is necessary since the salaries and benefits of Supreme Court Justices are paid from the Consolidated Fund, which is the state’s principal account for funding public expenditures.
“The jurisdictions exercised by other Supreme Courts in notable countries in the Common Law tradition are relatively much narrower, in comparison to the width of the multiple jurisdictions conferred on the Supreme Court of Ghana”.
“Ultimately, a constitutional amendment circumscribing the jurisdiction of the Supreme Court of Ghana, in the long term, is necessary, as stated above”.
Godfred Yeboah Dame
Godfred Dame observed that, unlike Canada, the UK, Kenya, and South Africa, where the number of Supreme Court justices is limited by law, Ghana’s Constitution and the Courts Act (1993) do not impose a cap on the maximum number of Supreme Court justices.
According to Godfred Dame, this means that the number of justices in Ghana’s highest court is not fixed and can be adjusted as needed.
The Attorney General pointed out that this flexibility allows the appointing authority to exercise discretion in appointing additional Supreme Court Justices as needed, based on the evolving demands of the justice system and the need to ensure the effective administration of justice.
Meanwhile, Hon. Alexander Afenyo-Markin, the Majority Leader, also supported the Chief Justice’s request to expand the Supreme Court bench, echoing the need for additional judges to effectively manage the court’s workload and deliver justice efficiently.
READ ALSO: Children’s Hospital In Kyiv Hit By Russian Missile
