Martin Kpebu, a private legal practitioner, has criticised the timing and processes surrounding the proposal to appoint five new justices to the Supreme Court.

 The Chief Justice, Mrs. Gertrude Araba Esaba Torkonoo, in a letter dated May 30, 2024, addressed to President Nana Addo Dankwa Akufo-Addo, recommended the appointment of five justices: Justice Angelina Mensah Homiah, Justice Eric Kyei Baffour, Justice Edward Amoako Asante, Justice Cyra Pamela C.A. Koranteng, and Justice Afia Asare Botwe.

Mr. Kpebu questioned the timing, explaining that with the country due for elections in about five months, it was inappropriate for the President to make new appointments. 

He emphasized that while the nominees are competent, such appointments should be left to the new President after the 2024 elections. 

“The nominees are not bad; it is the timing that is bad. These are fine justices, but it is about procedure and timing. This debate is not about competence at all.”

Mr. Kpebu also pointed out procedural issues, stating that the Chief Justice did not follow the due process required for the President to appoint Supreme Court justices.

 He noted that there must be a recommendation from the Judicial Council before the President can proceed. 

“There must be a recommendation from the Judicial Council. 

“If the President has not received advice from the Judicial Council, he cannot start,” Mr. Kpebu asserted.

Mr. Nelson Dafeamekpor, another private legal practitioner and Member of Parliament for South Dayi, shared similar sentiments.

 He argued that the Chief Justice breached the Constitution by exercising powers she did not have. Mr. Dafeamekpor noted that the Supreme Court currently has 15 justices and does not need additional judges. 

He also questioned the practice of Supreme Court judges sitting as additional High Court judges, which he said increases the workload at the apex court. 

“We have 123 High Court judges, we have 32 Court of Appeal judges…. Yet, you are bringing Supreme Court judges to high court matters and yet you are complaining that you are inundated with work at the uppermost level. 

“So, keep Supreme Court judges at the supreme level, don’t bring them two floors lower,” he stressed.

Nana Ohene Ntow, Senior Advisor to Alan Kyerematen and Founder of the Movement for Change, proposed the establishment of specialized courts to oversee specific cases. He suggested that such courts should have finite powers on the cases they handle to lessen the burden on the apex court. “Why should all land cases end up at the Supreme Court, why should all business cases end up at the Supreme Court, and why should all matrimonial cases end up in the system? Why don’t you create a specialized court that has finite authority?” he asked.

They spoke on TV3’s “Key Points” program on Saturday