President Mahama Nominates Three New Justices to Ghana’s Supreme Court

The Nominees

The three individuals selected by the President bring a mix of appellate judicial experience and private legal practice to the apex court: * Justice Sophia Rosetta Bernasko Essah: A sitting Justice of the Court of Appeal with an extensive judicial record. * Justice Edward Amoako Asante: A sitting Justice of the Court of Appeal who previously served as the President of the ECOWAS Court of Justice. * Tony Forson: A private legal practitioner and former President of the Ghana Bar Association. These nominations are intended to expand the composition of the Supreme Court. If the appointments are approved by Parliament, the total number of Supreme Court justices will increase from the current 18 to 21. Officials stated that this expansion is aimed at improving the court’s capacity to handle a growing volume of cases.

Constitutional Process and Vetting

The appointments are subject to a rigorous confirmation process. According to established constitutional requirements, the President must consult with the Judicial Council before making nominations. Following the nomination, the candidates are required to appear before Parliament’s Appointments Committee for vetting. Once the committee completes its scrutiny, it will present its recommendations to the full House. If Parliament votes to approve the nominees, President Mahama will proceed to administer the oath of office, formally installing them as Justices of the Supreme Court.

Political Reaction and Controversy

The announcement of the nominations has drawn sharp criticism from the Minority Leader, Alexander Afenyo-Markin. Speaking on Joy FM’s Super Morning Show, the Member of Parliament for Effutu accused the National Democratic Congress (NDC) of political inconsistency. Mr. Afenyo-Markin argued that while the President maintains the constitutional authority to nominate judges, the NDC’s current actions contradict their rhetoric while in opposition. He recalled that the NDC previously criticized the New Patriotic Party (NPP) administration for attempting to “pack” the court. Specifically, he pointed to May 2024, when the NDC—then in opposition—opposed a request by then-Chief Justice Gertrude Torkornoo to appoint five additional judges, alleging that such moves risked executive influence over the judiciary. Today, you got the opportunity, and you are even doing worse, Mr. Afenyo-Markin said, questioning the party’s principles. He clarified that his criticism was directed at the political stance of the party rather than the qualifications or competence of the three individuals nominated.

Context of the Judiciary

The Supreme Court serves as Ghana’s highest judicial authority, holding final appellate jurisdiction in civil and criminal cases. Beyond its appellate role, it possesses exclusive authority to interpret and enforce the Constitution and is the final arbiter in disputes involving presidential elections and other constitutional matters. The push to expand the bench comes as the judiciary works to address systemic challenges. Reports indicate that the court system is currently exploring digital integration to reduce delays caused by manual paperwork and difficulties in serving legal documents, with the goal of improving overall efficiency.