Controversy Over Acting Chief Justice

The nomination of Justice George Kingsley Acquah as Chief Justice has already been met with opposition. The NDC General Secretary, Josiah Aryeh has described it as a setback to the empowerment of Ghanaian women. This is because a more senior female judge, Justice Joyce Bamford Addo who was the obvious choice was by-passed.

According to Mr Aryeh, ''the act by government of appointing Justice Acquah is a slap in the face of Ghanaian women. Justice Bamford Addo is the senior most judge of the Supreme Court. That means that she’s worked herself out in dedication to the Judicial Service and in dedication to the service of Ghana, and when you’ve done all that and you deserve reward and you are passed over, I think it is very bad''.

Mr Aryeh believes the rejection of Justice Bamford Addo was politically motivated because she was among five Supreme Court Judges who embarrassed the Kufuor government in the ruling on the Constitutionality of the Fast Track Court.

Justice Acquah is junior to Justices Joyce Bamford Addo, E.Y. Kpegah and K.B. Ampiah, who is due for retirement next month. But it has been argued that the highest position of the Judiciary is not based on seniority but on merit.

Reference is made to the appointment Justice I. K. Abban by the NDC government even though there were two senior colleagues, Justices Adade, who was the acting Chief Justice and Amua Sekyi. The NDC government again appointed Justice Philip Archer as Chief Justice even though he was on retirement.

But the Minority Spokesperson on Legal and Constitutional Affairs, Alhaji Mohammed Mumuni does not support Dr Aryeh’s argument. In an interview with JOY FM, he noted that the constitution grants the President the right to nominate any Supreme Court judge who is qualified as Chief Justice.

Article 114 (1) of Ghana’s constitution states that ''The Chief Justice shall be appointed by the President acting in consultation with the Council of State and with the approval of Parliament''.

The nomination of Justice Acquah, according to Alhaji Mohammed Mumuni is therefore in order. The minority’s bone of contention is why somebody was not appointed to act as Chief Justice when Justice Wiredu fell ill early this month, in line with the constitution.

The constitution makes it clear that where the Chief Justice is unable to perform his functions for any reason, and until a person is appointed to replace him, the most senior of the Justices of the Supreme Court shall perform those functions in an acting capacity.

Since the nomination of Justice Acquah as Chief Justice last week, controversy has been brewing over what is regarded as government’s reluctance to comment on Justice Bamford Addo’s position as acting Chief Justice.

The Attorney General, Papa Owusu Ankomah however says the constitution is clear on who should be acting Chief Justice and it is not government or the Attorney General’s job to state who is acting Chief Justice.

''What the Minority is demanding is that probably a statement must come from the Presidency or whatever, but it is not the business of government to determine, particularly for the judiciary, the circumstances under which a certain provision or article of the constitution must come into play''.

Between now and when Justice Acquah is approved or not by Parliament as Chief Justice, nobody has been appointed to act in the stead of Justice Wiredu who retired due to ill-health.