Drama at Appointment Committee as Afenyo-Markin clashes with Ahiafor over Supreme Court vetting

The Minority Leader, Alexander Kwamena Afenyo-Markin, clashed with members of the Majority Caucus on the Appointment Committee, including the chair of the committee, Bernard Ahiafor, ahead of the vetting of the three Supreme Court justice nominees of President John Dramani Mahama.

Ahead of the vetting of one of the nominees, Justice Edward Amoako Asante, on Thursday, Afenyo-Markin raised an objection to the process, arguing that the sitting should be postponed.

He accused the Majority Caucus of trampling upon the Standing Orders of the House, stating that the Majority Caucus was forcing through the process without regard to the requisite rules.

He also stated that the vetting of the justices could not go on under the stated conditions because of the nature of their appointment.

“The consequences of error here are uniquely severe and largely irreversible. Chairman, I submit on behalf of my colleagues, that Article 146 of the Constitution protects a sitting judge from removal, save for stated misbehaviour, incompetence, or infirmity, established only through an elaborate multi-stage process. Once appointed and sworn, a Justice of the Supreme Court is, for practical purposes, in office for the remainder of a working career.

“Parliament approval under Article 1442 is realistically the last substantive check this republic will ever exercise over that individual's fitness for judicial office. We therefore submit that a procedural shortcut, which might be tolerable for an appointment more easily corrected, is not tolerable here,” he said.

BREAKING: Minority Caucus boycotts vetting of Supreme Court justice nominees

The Minority Leader went on to say that the Majority Caucus must not use its supermajority.

“Democracy requires that they sit and reason with us, and not muzzle its weight and powers and frustrate the views of the minority. Chair, for the above grounds as argued, these are the reliefs we seek from this honorable committee,” he said.

He proceeded to call for a motion for the vetting of the Supreme Court nominees to be suspended.

The Chairman of the Appointment Committee, Bernard Ahiafor, in a counterargument, rejected the objection, insisting that the committee could not overturn a decision already taken by the full House.

“Plenary has a right to vary the decision of the committee. However, if the House takes a decision, no committee can vary the decision of the House,” he stated.

He went on to rule against the objection and ordered that the vetting should proceed, with the nominee taking the oath.

Afenyo-Markin then came in, saying that the Chair had no power to rule on the objection.

The Minority Leader did not allow the vetting to continue as he continually heckled the Chair and the Clerk of Parliament, who was asked to administer the oath.

The debate continued until Afenyo-Markin and the members of his caucus decided to boycott the proceedings.

BAI/VPO

Ghana will not borrow simply because financing is available – Dr Ato Forson