Chief Justice Gertrude Torkornoo has faced significant criticism in recent days for allegedly petitioning President Nana Addo Dankwa Akufo-Addo to appoint five new judges to the Supreme Court of Ghana.

Legal experts, including US-based Ghanaian lawyer and scholar Prof. Stephen Kwaku Asare, argue that the Chief Justice’s actions violate Article 114(2) of the 1992 Constitution, which stipulates that the Judicial Council, not the Chief Justice, should nominate justices to the Supreme Court.

Pro-government Asaase Radio has shared details of the letter requesting the appointment of the five judges: Justice Edward Amoako Asante, Justice Eric Kyei Baffuor, Justice Angelina Mensah Homiah, Justice Cyra Pamela Koranteng, and Justice Afua Asare Botwe. The letter included a detailed analysis justifying the need for these appointments.

The media house's report also indicates that the Office of the Attorney General and the Ghana Bar Association endorsed the nominations by Justice Torkornoo to President Akufo-Addo.

Argument on the reduction in number of Supreme Court Judges

The Chief Justice's petition, dated February 7, 2024, included a 14-page analysis justifying the need for more judges at the highest court. The analysis revealed that the current number of 15 justices is inadequate.

The analysis noted that the number of Supreme Court justices had decreased from 18 in 2020 to 15, complicating the court's work.

"At the end of the 2019/20 legal year, the Supreme Court of Ghana (SCOG) had 18 judges. By the end of the 2022/23 legal year, this number had decreased to 12 judges, though it has currently (2023/24 legal year) increased to 15 Justices.

"The SCOG is duly constituted for its work by not fewer than 5 Supreme Court Justices for its appellate and supervisory jurisdictions. For constitutional interpretation, 7 judges are required, and for its review jurisdiction, 7 judges. An application for review of a constitutional matter requires 9 Justices.

"With the current limited number of 15 Justices, including the Chief Justice, it is almost impossible to create two stand-alone panels in any given week due to frequent recusals. Panels often need reconstitution to accommodate these changes," parts of the petition read.

Argument on workload

The Office of the Chief Justice also argued that the Supreme Court's caseload necessitates more justices. The limited number of judges means only two panels can be formed to hear cases, causing delays and hindering justice delivery.

"It is posited that with 595 pending cases as of the end of the July 2023 legal year, and only 12 Judges from whom two sets of panels may be derived, each panel would have to work on approximately 263 cases per year, excluding the previous year's backlog of 414 cases.

"If the number of Judges is not increased, Justices of the Supreme Court will have to sit every week, on multiple panels, increasing their workload and maintaining the backlog of cases," the petition noted.

Comparing Ghana’s Supreme Court to the US Supreme Court

The Chief Justice's petition also dismissed comparisons with the US Supreme Court, which has fewer justices despite a larger population. Unlike the US Supreme Court, Ghana's Supreme Court cannot filter cases and must hear all filed matters.

"The SCOG has no authority to apply selective criteria to pick cases. It must hear and decide all filed matters, however incompetent, vexatious, or frivolous," the review paper read.

Attorney General's Endorsement

The Attorney General, in a 19-page opinion dated April 29, 2024, stated that the Chief Justice's request is constitutional and necessary for the court's effective functioning.

"Given the multiplicity of jurisdictions and the influx of cases at the Supreme Court, increasing the number of Justices from fifteen to twenty is not only constitutional but essential for speedy and effective justice," Godfred Dame's opinion stated.

Ghana Bar Association President's Support

Ghana Bar Association President Yaw Acheampong Boafo, in a letter dated May 8, 2024, supported the Chief Justice's request and suggested additional recommendations such as resourcing the Supreme Court's secretariat and automating court operations.

"We agree with the Chief Justice's request in principle. However, requesting that the minimum number of Justices be increased to twenty will require a constitutional amendment," the letter read.

BAI/OGB

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