SC Judges Retiring At 70? – No, I Differ Sir! – Justice Dzamefe

Supreme Court nominee, Justice Senyo Dzamefe, has categorically rejected calls to increase the retirement age of Supreme Court and Court of Appeal judges from 70 to 75 years.

Appearing before Parliament’s Appointments Committee on Monday, June 16, 2025 Justice Dzamefe stated, “I will not agree with sending the retirement age of Supreme Court or Appeal Court judges to 75 years. No! The retirement age as it stands now is 70 years. Superior court judges retire on their salaries.”

He argued that while traditionally, advanced age was necessary to acquire the wisdom and experience required for sound judgments, technology has since transformed the learning process.

“Formerly, you needed to be advanced in age to get the experience and exposure, so that when you give judgment, it is solid because you’re adding personal experience to legal knowledge.

But of late, technology has made it such that what you needed 60 or 70 years to know, is now available to you very early,” he explained.

Justice Dzamefe said allowing judges to retire at 70 years also ensures they step down while still in good health, making them valuable for other support roles within the judicial system.

“I want judges to retire very healthy and then we can use them for other purposes like Assessors. They can help the judiciary or the service in other forms, like helping to filter out cases,” he added.

Beyond the issue of retirement age, Justice Dzamefe also backed the longstanding argument by the Chief Justice for an uncapped number of judges on the Supreme Court bench, saying it ensures flexibility and enhances judicial efficiency.

“The framers of our constitution know why they didn’t cap the number of Supreme Court judges. So far as the constitution doesn’t cap it, I am for it,” he said.

He endorsed two key reasons previously outlined by the Chief Justice for expanding the bench. Firstly, he emphasised the need to reduce delays in the delivery of justice, acknowledging that the current number of judges estimated at 13, before the nomination of seven more – are overwhelmed.

“They are overburdened. They have to write opinions, hold conferences. So if we have more, we can do more,” he noted, adding that the administrative pressure hampers the overall effectiveness of the Court.

Secondly, Justice Dzamefe dismissed frequent comparisons with the United States Supreme Court, stating such comparisons are misplaced due to structural differences.

“You can’t compare Ghana where we have only one Supreme Court to the US, which has 50 state Supreme Courts, in addition to the Federal Supreme Court. Besides, the US federal court chooses the cases it wants to hear, mainly constitutional and federal matters. Our Supreme Court doesn’t have that luxury.”

He referred to a 2024 letter by the Chief Justice to the President, which proposed that the average number of judges on Ghana’s Supreme Court be increased to 20 to match workload demands.

Justice Dzamefe also addressed concerns about geographical access to justice, especially for citizens in the northern regions.

When Majority Leader Mahama Ayariga asked about the idea of a “northern bench” of the Supreme Court, he expressed openness to the idea.

“We have only one Supreme Court in Ghana and that court can have several branches. It’s still the same Supreme Court just like the Court of Appeal and the High Courts have multiple sittings. So I don’t see anything wrong if there’s a branch in the North,” he said.

In a more critical tone, Justice Dzamefe lamented the judiciary’s financial dependence on the executive and legislature, despite constitutional provisions guaranteeing its independence.

“Yes, we are independent administratively and in our decisions, but financially, we are not,” he said and added, You [Parliament] give us what you think we need when the national budget comes to you. That’s a problem.”

He argued that the judiciary’s reliance on Parliament and the executive for financial allocations weakens the principle of separation of powers and hampers the full realisation of judicial independence.

“A lot has to be done to ensure the judiciary does its work without any hindrances,” he stressed.

Justice Dzamefe’s vetting comes as part of a process to confirm seven new nominees to the Supreme Court, a list submitted by President John Dramani Mahama in April 2025.

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