Chaos as parliament temporarily suspends vetting of Supreme Court judge nominee

Parliament’s Appointment Committee session degenerated into heated exchanges between the Majority and Minority today (August 13), forcing a brief suspension of the vetting of Supreme Court judge nominee Justice Sophia Bernasko Essah.

An objection by Bawku Central Member of Parliament (MP) Mahama Ayariga against President Nana Akufo-Addo’s appointment triggered the back-and-forth which lasted beyond an hour.

Mr Ayariga had challenged the president’s authority to appoint more than nine Justices to the Supreme Court.

According to the legislator, the 1992 Constitution of Ghana stipulates the apex court should consist of the Chief Justice and “not less than nine” other justices.

“There is nowhere in this constitution that the President is given the power to increase the number (of judges) beyond the nine plus one, nowhere, and I challenge anybody in this room to show me any provision in this constitution that states otherwise.

“Even though Article 128 (1) says nine plus Chief Justice as the minimum and you don’t have an upper ceiling the person to decide that upper ceiling is the President. Who says the person to decide that upper ceiling is the President?

“Show me which provision. And I am not talking about this President, previous Presidents have done that before. So it is not about this President, previous Presidents have done that before… No such power is given to the President,” he said.

Two nominees, Justice Sophia Bernasko Essah and Professor Richard Frimpong Oppong are before the Appointments Committee to answer questions regarding their eligibility for the apex court.

The NDC MP’s initial opposition resulted in the suspension of the scheduled vetting as members of the two sides continued their hot exchanges, which appeared to overwhelm the chair of the committee.

The Majority insisted that the vetting should continue, with the committee including Mr Ayariga’s legal objection in its final report to Parliament.

Majority Leader Alexander Afenyo-Markin emphasised that the role of the committee was solely to consider and vet the nominations made by the President.

“We are only to vet and report to the plenary for a decision to be taken. We are not determining whether we are going to take a matter under a certificate of agency which will be determined by a committee. No, this is vetting. Madam Chair, I am ready for her to start,” he argued.

After deliberations, the committee decided to proceed with the vetting after a voice vote.