Packing the Supreme Court will be illegitimate, abuse of power – Ansah Asare

A former Director of the Ghana School of Law (GSL) and private legal practitioner, Ansah Asare has stated that any move to increase the numbers at the Supreme Court will be illegitimate.

This follows Chief Justice, Gertrude Torkornoo indicating that the Apex Court will need additional hands.

Justice Torkornoo disclosed this after the hearing of two lawsuits filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi against Parliament’s passage of the anti-gay bill, the Chief Justice called for the need for more judges.

“The ruling is adjourned to July 17, 2024. We must thank everyone for their patience, but this is our lot. There are several cases pending, right? That is why we need more Supreme Court judges,” she stated.

President Akufo-Addo has made a formal request to nominate five judges to the Supreme Court of Ghana.

The names nominated for appointment to the Supreme Court include Justice Afia Serwaa Asare Botchwey, the presiding judge in the ambulance case involving Minority Leader Dr. Cassiel Ato Forson, as well as Justice Cyra Pamela Koranteng, Justice Edward Amoako Asante, Justice Eric Kyei Baffuour, and Justice Angelina Mensah Homiah.

However, speaking on Morning Starr with Francis Abban, Mr. Asare stated that any additional Justices at the country’s Apex Court should not be entertained.

“The reason we are being given now is looking for a stick to beat one dog. We should not entertain such things. Is the Ladyship Chief Justice suggesting that each time we have a very sensitive case that number should be increased? For me this is illegitimate and an abuse of power.

“This is not the Chief Justice who is doing it, I don’t think the request is coming from the Justice, as I said if the request must come at all, the Judicial Secretary should be the mouthpiece to announce whatever changes they want to make for, and on behalf of the Judicial Council. And let us leave the Chief Justice out of this mess,” the former GSL Director lamented.

According to him, such practices are not helpful to the nation and former leaders who engaged in them would not attempt it now.

“It is a mess, we are creating problems in search of solutions. We don’t need any such thing. Even if they are to add one more it is still illegitimate, clear abuse of power, the clear abuse of incumbency.

“But the problem that will loom large would be when we know the outcome of the election. As I said if it goes against the NPP then they will find solace in the packing of the court.

“This happened during the Rawlings regime. My sincere and honest assessment of the situation is that whatever the number is, it will be intended to use them to claim victory. It is not good for the country. Nkrumah did it in the ’60s if he was to be alive today I think he would be the first to regret to have done that.”