Vetting of Supreme Court nominees: Ayariga queries constitutionality of Akufo-Addo’s decision

The vetting of one of two Supreme Court Justice nominees, Sophia Rosetta Oduokuwa Bernasko Essah was characterised by near chaos after the Minority Members of Parliament objected to the exercise directed by the Speaker of Parliament, Alban Bagbin.

Justice Sophia Bernasko Essah and Professor Richard Frimpong Oppong were scheduled to face the Appointments Committee of Parliament on Tuesday, August 13 for the house to evaluate their eligibility for the apex court.

But even before the exercise would start with Justice Bernasko Essah, MP for Bawku Central, Mahama Ayariga had concerns regarding what he said had become a worrying trend.

Citing Article 128 (1) of the Constitution, the legislator lamented that successive presidents had made it a habit of adding on to the number of justices at the Supreme Court at their whims breaching the document.

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

“Who says the person to decide that upper ceiling is the President, who? 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,” Mahama Ayariga noted.

The interjection by the Bawku Central Member of Parliament generated a disruption which resulted in the vice chair of the committee, Patricia Appiagyei suspending the sitting for about 10 minutes.

Upon resumption, however, things turned worse as the sitting erupted into a debate between the Minority and Majority MPs.

Whereas the Minority side was of the view that the vetting be suspended, and the concern raised by Mahama Ayariga be referred to the Speaker of Parliament for a determination, the Majority MPs posited that the committee should concentrate and proceed with the vetting so that the plenary could consider the matter.

After almost an hour of disruption, the Appointments Committee undertook a vote which then paved the way for the vetting of Justice Sophia Bernasko Essah to proceed.

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