The Minority Leader in Parliament, Mr. Alexander Afenyo-Markin, has described the appointment of seven new justices to the Supreme Court as a potential constitutional crisis, raising serious concerns about what he termed executive overreach.
Addressing the Appointments Committee on Monday, June 16, at the commencement of the vetting process for the President’s nominees, the Effutu Member of Parliament said the suspension of Chief Justice Gertrude Torkornoo under Articles 146 and 296 of the 1992 Constitution raised procedural questions and left the country at what he called a ‘constitutional crossroads.’
“An executive that suspends one Chief Justice whilst installing seven new justices is not filling vacancies — it is reshaping the constitutional order. The appearance of institutional capture is inevitable and constitutionally catastrophic,” Mr. Afenyo-Markin cautioned.
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The Minority Leader warned that the current developments risk distorting the balance of power among the arms of government and urged the nominees to remain impartial and avoid becoming “instruments of executive convenience.”
He took issue with the ruling National Democratic Congress (NDC), describing their support for the current nominations as a ‘breathtaking reversal’ of their prior stance on judicial appointments.
“Where is their concern about court size now? Such breathtaking inconsistency exposes an administration driven by political calculation, not constitutional principle,” he charged.
Recalling the NDC’s earlier objections to judicial appointments made under former President Nana Addo Dankwa Akufo-Addo — including the elevation of Justices Sophia Bernasko Essah and Professor Richard Frimpong Oppong — the Minority Leader said the current posture of the ruling party was indicative of political expediency.
He also criticised the Supreme Court itself, alleging that it had, at critical moments, failed to assert its constitutional mandate.
“The Court must show constitutional courage — deciding not on preference, but on law and precedent,” he stated.
Mr. Afenyo-Markin encouraged members of the Appointments Committee to focus not only on the legal qualifications of the nominees but also on their understanding of constitutional philosophy and their capacity for independent thought.
“We must probe not merely legal knowledge but constitutional philosophy,” he said, urging that the process be thorough and reflective of the constitutional importance of the appointments.
He called for civility and tolerance throughout the vetting process, adding that critical questions posed during vetting were integral to democratic accountability.
The Minority Leader extended congratulations to the nominees, acknowledging that the constitutional controversy surrounding their appointments was not of their making.
“Your legal accomplishments merit recognition, and I express sincere sympathy for the constitutional controversy surrounding your nominations — a controversy entirely of the Government’s making, not yours,” he said.
Mr. Afenyo-Markin reminded the Committee and the nation of their historic responsibility to uphold constitutionalism and democracy. “History will judge whether we defended democracy when it needed us most. Future generations will thank us for courage or condemn us for cowardice. The choice is ours. The time is now,” he said.
Three out of the seven Supreme Court nominees appeared before the Committee on Monday. The vetting process continued on Tuesday, June 17 with two more nominees with the remaining two scheduled for Wednesday, June 18.
By Osumanu Al-Hassan/thenewsbulletin24.com