Prof Oppong can be a Supreme Court judge even with Canadian citizenship – Deputy AG

The Deputy Attorney General (AG) and Minister for Justice, Alfred Tuah-Yeboah, has refuted the assertion by members of the Minority Caucus of Parliament on the Appointment Committee of the House that persons with dual nationality cannot be appointed as justices of the Supreme Court.

The Minority Leader, Dr. Cassiel Ato Forson, during the vetting of Supreme Court judge nominee, Prof Richard Frimpong Oppong, on August 14, 2024, indicated that the nominee cannot be a judge in Ghana because he also holds Canadian citizenship.

He argued that Prof Oppong does not qualify to be a Supreme Court judge due to his dual citizenship, insisting that Prof Oppong must renounce his foreign citizenship before his approval can be recommended.

“The Constitution, in Article 156(1), is clear that you would have to take an oath of allegiance, and the same Supreme Court has equated allegiance to nationality.

“In my view, you do not qualify, and I believe that you would need to renounce your citizenship to be eligible for the role of a Supreme Court judge,” the Minority Leader said.

Reacting to this in an interview with JoyNews, Alfred Tuah-Yeboah said that the laws of the country allow for the appointment of dual citizens as justices of the Supreme Court.

He said that the Supreme Court recently issued a ruling to that effect.

“It is very clear under our laws that you can be a dual citizen but still be a justice of the Supreme Court. The Supreme Court in April 2024 delivered a report to that effect.

“So, the nominee who came yesterday is qualified under our laws, not because he holds Canadian citizenship, but for the judgment in April, he would have qualified to be a Supreme Court judge in Ghana,” he said.

The Deputy Attorney General also refuted assertions that the Supreme Court deliberately delivered its April 2024 ruling anticipating that a judge with dual citizenship would be appointed by President Nana Addo Dankwa Akufo-Addo.

He indicated that the assertions cannot be true because there is no evidence backing them.

Tuah-Yeboah also said that contrary to assertions, Prof Oppong not practising in Ghana as a lawyer would not affect his duties as a judge.

“Yesterday, you listened to him, watched him - an excellent professor. He knows his stuff, in fact, we were in law school together, even though he's one year behind me, and I know his worth.

“In terms of his ability to deliver as a judge, I can assure you he has every quality that any judge should possess in the dispensation of justice, and I trust him that he will do his job as a judge,” he said.

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