The Minority in Parliament has called for the deferment of the vetting of three nominees to the Supreme Court, arguing that the process should not be rushed when there is no immediate vacancy on the bench to fill. Minority Leader Alexander Afenyo-Markin made the call on Thursday, August 27, ahead of the scheduled vetting, questioning the urgency behind the nominations.
According to a Citi report, Mr Afenyo-Markin said the Supreme Court is currently functioning with its full complement of justices and continues to hear cases and deliver judgments, including matters requiring urgent attention. He therefore argued that Parliament has sufficient time to subject the nominees to thorough scrutiny rather than a completing the exercise within a compressed timeframe. “If there is no vacancy to fill, there is certainly no emergency compelling anyone to fill it inside three days. There is no fire here,” he said.
The three nominees are Justice Sophia Bernasko-Essah, a Justice of the Court of Appeal; Justice Edward Amoako Asante, also of the Court of Appeal and a former President of the ECOWAS Court of Justice; and private legal practitioner Anthony Forson Jr., a former President of the Ghana Bar Association. Mr Afenyo-Markin maintained that the nominees were being proposed as additional justices rather than to immediately replace judges who had left vacant positions. He consequently suggested that the relevant parliamentary committee could undertake the vetting in September and submit its report when Parliament resumes in October.
The Minority Leader also rejected the argument that the ongoing judicial vacation created an emergency requiring Parliament to fast-track the process. He maintained that the Supreme Court remains capable of dealing with urgent matters during the vacation period and that the existence of the judicial vacation does not, by itself, constitute grounds for expediting the parliamentary approval process. The Minority’s position comes amid Parliament’s consideration of the President’s nominations to expand the membership of the apex court.
Mr Afenyo-Markin stressed that the caucus was not opposed to the nominees themselves but was concerned about the pace of the process and the need for Parliament to exercise its constitutional responsibility of scrutinising presidential nominations thoroughly. He said the Minority would, however, support the prompt vetting of two ministerial nominees whose appointments it considers appropriate for immediate consideration. They are Bawku Central MP Mahama Ayariga, nominated as Minister for Local Government, Chieftaincy and Religious Affairs, and Korle Klottey MP Dr Zanetor Agyeman-Rawlings, nominated as Minister for Environment, Science and Technology.
The Minority Leader said the caucus was prepared to facilitate the vetting of the two ministerial nominees while maintaining its objection to what it considers an unnecessary rush over the Supreme Court nominations. He argued that deferring the judicial vetting would allow Parliament adequate time to examine the nominees’ qualifications, experience and suitability for service on the country’s highest court. The Minority’s demand is therefore centred not on rejecting the three nominees, but on ensuring that their consideration is conducted at a pace that allows Parliament to fulfil its scrutiny function without what it describes as undue urgency.
By: Joyce Owusu
