We need legislation on number of Supreme Court judges – Bagbin [Video]
Speaker of Parliament, Alban Bagbin says there is a need to urgently legislate a cap on the size of the Supreme Court.
The Constitution provides that there shall be at least nine judges but does not prescribe an upper limit.
The Speaker’s comment on Monday was a response to the nomination of two new judges to the Supreme Court bench following their approval by the Judicial Council.
The two are Professor Richard Frimpong Oppong, a legal academic and fellow of the Ghana Academy of Sciences, and Justice Sophia Rosetta Bernasko Essah, a justice of the Court of Appeal.
According to President Akufo-Addo, both nominees are to be vetted by Parliament as constitutionally mandated.
The latest nomination comes weeks after the Chief Justice, Gertrude Sackey Torkornoo wrote a letter to President Akufo-Addo, asking him to nominate five judges to the Supreme Court.
According to the Chief Justice, the Supreme Court needs more judges to handle the overwhelming number of cases currently before it.
However, the speaker is concerned about the growing size of the apex court.
“And so we are being called forth through this letter as a house, to look at the issue of a full complement of the Supreme Court. Should we be 13, should we be 15, should we be 20, 40 or 100? It is for this house to decide,” he said.
“And I am urging you to look at this issue during the constitutional reforms or to pass legislation to give an upper limit as to how many can be at the Supreme Court of a country of 33 million people,” he further explained.
The Minority wants more time for the House to work on this considering that the House has barely a week to go an recess as “these are very serious appointments that the Appointments committee must do a very good job on.”
“And so clearly, the point you made in addition to the time it will necessarily require… this cannot be considered in this particular session if we want to do a good job because practically, we are talking about a week and a half to do,” Deputy Minority Leader, Emmanuel Armah-Kofi Buah told the house.
On this same matter, the Speaker had cause to walk out the MP for Sefwi Wiawso, Kwaku Afriyie.
This occurred after the legislator was held in contempt of the chair for making comments that the Speaker deemed rude.
During proceedings, the Speaker announced the nomination of new judges.
He added “In giving you the information, I have given you an idea of the expectations of the people of Ghana. That is for you to consider as part of the report and the House to decide as to whether we will approve or disapprove those nominations.”
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“His Excellency clearly stated that he is constitutionally injuncted to do what he has done, and so it is now for you to also look at.”
Following the Speaker’s reading, the MP was not impressed by how Mr Bagbin made his preliminary submission.
He described the Speaker’s remarks as prejudicial “and I believe that as one representing the good people of Sefwi Wiawso, it doesn’t lie in your mouth to remind us of the things that you have said.”
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But the Speaker would have none of that.
The legislator appears to have made further comments off the record.
However, the Speaker seems to have heard it and ordered that the Sefwi Wiawso MP vacate the chamber.
“Marshal, take him out of the House. I will not entertain such disrespect. It lies in my mouth,” he exclaimed.
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