The vetting of one of the Supreme Court nominees on Tuesday, August 13, 2024, was briefly suspended after Mahama Ayariga, the Member of Parliament for Bawku Central, raised concerns about the president's authority to nominate more than 10 Supreme Court judges.

The issue was brought up on Tuesday morning during the vetting of Justice Sophia Rosetta Oduokwu Bernasko Essah by the Appointments Committee of Parliament.

Ayariga’s challenge sparked a debate that lasted about 40 minutes among committee members, according to a report by graphic.com.gh.

“As we speak, we have 15 justices on the Supreme Court. We are told that one is retiring. We have 15 justices on the Supreme Court. It means that we have nine plus the chief justice making 10 and an additional five making it 15. This letter states that two of the 15 are about to retire.

“The president is seeking to make early arrangements to make sure that there’s no vacuum when the two do retire…The legal issue that I’m raising before this committee, which should be captured in our report for discussion, is this. Whereas the constitution in article 144 says the president shall appoint the justices, there’s nowhere in this constitution that the president is given the power to increase the number beyond the nine plus one.”

“…I challenge anybody in this room to show me any provision in this constitution that says that even though article 128 (1) says nine plus chief justice at a minimum, and you don’t have an upper [ceiling]. The person to decide that upper [ceiling] is the president. Who said the person to decide the upper [ceiling] is the president? Who? To show who’s provision?” he said.

The intensity of the discussion prompted the committee chairperson, Patricia Appiagyei, to adjourn the session temporarily.

When the committee returned for the sitting, there was a moment of tension between the members, who are comprised of National Democratic Congress and New Patriotic Party MPs.

TWI NEWS

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