Minority Leader Hon. Alexander Afenyo-Markin has launched a blistering attack on the Supreme Court, accusing it of constitutional cowardice and abandoning its role as the guardian of justice.
According to him, the Apex court chose to abandon suspended Chief Justice Gertrude Torkornoo when she needed the support of the judiciary.
He made the accusation on Wednesday, June 25, during Parliament’s debate on the Motion to approve the seven new nominees to the Supreme Court, describing the process as executive overreach and the politicisation of the judicial appointment.
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According to Afenyo-Markin, the Supreme Court’s failure to intervene in what he called ‘manifestly fraudulent processes’ leading to the suspension of the Chief Justice signals a dangerous erosion of constitutional order.
“The Supreme Court, where these nominees are supposed to join, does not exist to preserve its comfort or avoid controversy. It exists to courageously uphold constitutional principles, especially when doing so is uncomfortable or politically inconvenient,” he argued.
He expressed dismay over what he termed the court’s repeated reluctance to stand up against executive power.
“We have witnessed an institution that has declined multiple invitations to exercise the courage required to restrain executive overreach. This institutional cowardice, though perhaps humanly understandable, represents a fundamental failure of constitutional guardianship,” he added
The Minority Leader questioned how the new Supreme Court nominees were appointed, alleging that the President’s direct involvement in instructing the Judicial Council to expedite the process compromises the independence of the judiciary.
The procedure, he said, had always been that nominations come from various interest groups within the legal fraternity, and the Judicial Council would deliberate and then make a recommendation to the President.
“That is not what happened in these circumstances,” he said, arguing that the integrity of the nomination process had been tainted by executive interference, adding, “We hold the view that the doctrine of separation of powers is under siege.
The Minority leader questioned whether the nominees being approved are ready to challenge executive overreach, would serve the people of Ghana better and understand that judicial independence is not a privilege to be enjoyed but a responsibility to be exercised with unbending resolve.
He warned that failure to uphold the judiciary’s independence could trigger a slow but devastating decline of Ghana’s democratic institutions.
He said, “Democracy can collapse not only through dramatic military coups but through the gradual capture of independent institutions by political forces. We must ensure that the highest court remains a temple of justice, not a forum for political convenience.”
In a twist of political irony, Afenyo-Markin slammed the National Democratic Congress (NDC), now in government, for what he described as hypocrisy over judicial appointments. He recalled how the NDC, while in opposition, insisted on merit and seniority for Supreme Court appointments.
He claimed that one of the nominated judges had barely spent two years at the Court of Appeal, when others with more experience have been bypassed. So, where lies the consistency of the NDC?” he demanded.