Mr Justice George Lamptey, the Supreme Court judge who did not participate in the historic 5-4 decision declaring the Fast Track High Court unconstitutional and illegal because he was out of the country for medical reasons at that time, turns 70 on Monday 3 June 2002, having been born on Friday 3 June 1932.
Justice Lamptey is therefore ineligible to sit on the review of the case which is being sough by the Attorney-General (AG) and which has been fixed for 26 June 2002. The Fast Track High Court was declared unconstitutional and illegal following an application to that effect brought by Mr Tsatsu Tsikata, former Chief Executive of the GNPC.
Article 145 (2)(c) of the Constitution is categorical. It states: “A Justice of the Superior Court or a Chairman of a Regional Tribunal shall vacate his office-in the case of a Justice of the Supreme Court or the Court of Appeal, on attaining the age of 70 years.”
Legal experts that Ghana Palaver spoke to were of the view that Article 145 (4) of the Constitution cannot operate to enable Justice Lamptey to sit on the review panel. The Article states as follows: “Notwithstanding that he has attained the age at which he is required by this article to vacate his office, a person holding office as a Justice of a Superior Court or Chairman of a Regional Tribunal may continue in office for a period not exceeding six months after attaining that age, as may be necessary to enable him deliver judgement or do any other thing in relation to proceedings that were commenced before him previous to his attaining that age.”
The legal experts argue that since the review proceedings would have commenced by the time Justice Lamptey retires, the six months’ escape clause cannot be to his benefit. Though Justice Lamptey did not take part in the original 5-4 decision, he was nevertheless made one of the 5-member panel, which subsequently ruled unanimously against Mr Tsatsu Tsikata in deciding that the Chief Justice was entitled to empanel all available Supreme Court Justices in constitutional cases brought before the court.
The retirement of Justice Lamptey from the Court and the rushed appointment of Justice Afreh to the Court re-enact the same scenario that created the dilemma that faced President Kufuor and led to his decision to ‘pack’ the Court in order to have a more favourable hearing.
It reduces the number of available Supreme Court Justices to 10, an even number, which will force the Chief Justice to drop one of them in order to have the required odd number to sit for the review.
Of course President Kufuor could continue with the ridiculous judicial farce he has established with Justice Afreh’s rushed appointment, by appointing yet another Judge to the Supreme Court in order to get an odd number to sit. If that happens, then it is most likely that the review fixed for 26 June will not come on, as the requisite parliamentary processes to approve such a nominee may extend beyond the 26 June date.
The Chief Justice himself can join the judicial circus by empanelling the 10 available Justices and in the event of a tie, decide to have a casting vote in his own favour. Whatever strategies are employed to make sure that the review goes against Tsatsu Tsikata, it is obvious that it is the Ghana judiciary and the legal system that will end up the loser.
