Afreh sworn in as Supreme Court Judge

Mr Justice Dixon Kwame Afreh, 68, an Appeal Court Judge with 31 years of legal practice was on Tuesday sworn in as a member of the Supreme Court by President John Agyekum Kufuor. Justice Afreh was born in Kumasi on March 25, 1933 and was admitted to the Ghana Bar in September 1961.

He had his second cycle education from 1949 to 1954 at Achimota School. He then left for the University of Birmingham, England for his LL.B between October 1955 and July 1958 and continued to the University of London, England between October 1958 and October 1960 for his Master's in Law.

He was called to the English Bar in February 1960 at the Lincoln's Inn, London. Between 1962 and 1975, he lectured at the Faculty of Law, University of Ghana, Legon, rising to the positions of Senior lecturer, Acting Dean of Law Faculty and Acting Hall Master of Commonwealth Hall in 1974.

Justice Afreh worked at the Attorney -General's Office as Chief State Attorney between 1975 and 1978. In April 1973 to June, 1980 he worked with the General Legal Council as Director of Legal Education. He later joined the Pan African News Agency (PANA), in Dakar, Senegal between June 1981 and October 1992 as Head of Administration and later becoming the Financial Controller from 1989 to 1992.

Between September 1978 and June, 1979 he became Commissioner for Information and Cocoa Affairs under the AFRC regime. He was also a Deputy Commissioner for the Electoral Commission between 1992 and 1994 and was appointed a Justice of the Court of Appeal of Ghana in June 1994.

Members of the Minority National Democratic Congress (NDC) in Parliament opposed the nomination of Mr Justice Afreh contending that the timing was inauspicious since the state was seeking a review of the Supreme Court's decision that the Fast Track Courts were unconstitutional.

They went ahead and boycotted the vetting and did not cast their vote when the full House met to consider the report of the committee but Justice Afreh obtained 104 votes with two abstentions in a secret ballot. He thus obtained more than 98 per cent of the votes, even though; he needed only 60 per cent.

The NDC members of the Parliamentary Appointments Committee walked into the meeting halfway during the vetting to say that their boycott was not against the person of Mr Justice Afreh and walked out.

Mr Alban Bagbin, the Minority Leader, accompanied by four other members took their seats that were earlier occupied by other non-members of the committee. Mr Bagbin after obtaining permission from the Chairman, Mr Freddie Blay, congratulated Mr Afreh on his nomination and possible appointment to the Supreme Court.

Mr Bagbin said the Minority was not against the nomination of Mr Afreh as a person. "We don't have any grudge or a case against Mr Afreh. We were in the same chambers together." Mr Afreh retorted; "you are one of the younger lawyers. I regard you as my son," (Laughter).

Mr Bagbin replied; "I definitely regard you as a father and congratulate you on your nomination. “It is important to put on record that the Minority is not directing the boycott against you in person. We are protesting against a bad precedent that the government is setting that will affect the development of democracy.

"In the letter of your nomination it was stated that you were being elevated to enlarge the Supreme Court panel in view of the impending review of the review of the decision of the Supreme Court on the Fast Track Courts."

He said that if the practice were allowed to continue then it would open the gates to add to the number of Supreme Court judges anytime a review was needed. "We want to let the people know that we are not part of that process. Our intention to boycott is to raise the issue and not that we are not happy about you in person but that we are sorry it is happening to you at this time."

Immediately Mr Bagbin finished his statement he walked out together with the four other Minority members of the Appointment Committee. Mr Justice Afreh in an answer to a question before the Minority walked in expressed regret about the boycott of his vetting by the Minority saying; "I would have been happier it they were here to listen to me."

Mr Justice Afreh told the Parliamentary Appointment Committee that except the Chief Justice, Mr Edward K. Wiredu and a few others, the rest of the justices of the Supreme Court, Appeal Court and High Courts were his students.

"Most of those who were not were too young to be," he said with laughter. The former Vice President, Professor John Evans Atta Mills, Kwamena Ahwoi and a host of current and former ministers and MPs including Alhaji Mohammad Mumuni, MP for Kumbungu, who was very vocal in the boycott by the Minority against his nomination, had all been his law students, he told the committee.

Mr Justice Afreh said he was told that he was nominated for Supreme Court membership in 1995, 1997 and 1999 adding; "I do not know why my nomination was shelved. It was best known to whoever did that. It is now my time."

Referring to the timing of his nomination when there were indications that he would be sitting on a review of an earlier decision of the Supreme Court, Mr Justice Afreh said the critics were not challenging his qualification and merit to that office.

"There has not been reference to my achievements, which could have addressed the fears of those MPs, who have declined to participate in my vetting. I have not been comfortable for a week now since my nomination." He said he qualified to be a member of the Supreme Court long ago "and if today I am to go there then I console myself that this is the time for me to go."

Mr Justice Afreh said; "my nomination and if I am appointed would be a matter for the future. I don't believe in crossing the bridge before coming to it. My going to the Supreme Court will not be whether it is appropriate for me to sit there or not." He dismissed the claim that he was going to be at the court to be a judge in his own court saying; "I am not an accused in the Fast Track Court case nor a party to any suit.

"Even though, I was sitting at the Fast Track Court I don't think that constitute grounds for me to be labelled as a judge in my own case. To be a judge in your own case means that you cannot arbitrate in a particular case where you have interest."