In a significant move, the Judicial Council has rejected President Nana Akufo-Addo’s recommendation to appoint additional justices to the Supreme Court. During its meeting on Monday, June 24, 2024, the Council expressed concerns that the nominations could be perceived as an attempt to influence the judiciary.
President Akufo-Addo’s list of nominees included prominent judges known for their involvement in high-profile political cases. Among them were Justice Afia Serwah Asare Botwe, currently presiding over a financial loss case involving former Finance Minister Cassiel Ato Forson, and Justice Eric Kyei Baffour, noted for his role in the National Communications Authority (NCA) case.
Justice Asare Botwe has garnered attention for her handling of notable cases such as the Republic v. Hon. Abuga Pele and Philip Assibit, and the ongoing Ambulance case involving Minority Leader Ato Forson. Her recent comment in open court about aspiring to join the Supreme Court has raised questions about the impartiality of her nomination.
Justice Kyei Baffour is recognized for his judgments in the NCA case, where he convicted several former officials from the Mahama administration, and the Capital Bank trial. His nomination, along with those of Justice Asare Botwe, Justice Asante from the ECOWAS Court, Justice Angelina Mensah Homiah, and Justice Pamela Addo Koranteng, was declined by the Council.
The Council had previously approved the appointments of Justice Bernasko Essah of the Court of Appeal and Dr. Richard Frimpong, a Professor of Law in Canada, to the Supreme Court. However, the additional five nominations were not endorsed due to concerns that the timing might appear as an attempt to “pack the courts.”
While acknowledging the validity of the President’s rationale for the nominations, the Council emphasized the need for maintaining public trust in the judiciary. Senior lawyers have commended the Council’s decision, noting it would help restore confidence in the judicial system.
In response to the Council’s decision, some legal experts have suggested that the President could have considered other senior justices from the Court of Appeal to achieve a broader consensus. Names such as Justice Senyo Dzamefe and Dominic Adjei, also known as “Sir Dennis,” were proposed as potential candidates to add a sense of national significance to the list.