Justice Afreh may not sit on review panel

As the dust over the nomination and approval of Justice Dixon Kwame Afreh to the Supreme Court settles, there are strong indications that, the 69-year-old justice may not sit on the panel to review the landmark Supreme Court ruling that declared the Fast Track Court unconstitutional.

Although the government has made it clear that his nomination was to enable the Chief Justice get an 11-member panel to decide on the review, Justice Afreh himself has refused to be drawn into the debate of whether he will sit on the panel or not. Some leading constitutional lawyers have intimated to the Network Herald the danger in expanding the review panel.

They suggest that contrary to the Chief Justice’s directive that constitutional matters should have the full compliment of the Supereme Court, the practice may be difficult. The rational is that should this directive be upheld, it would mean that whenever there was a review, the president would have to appoint an additional judge. They contend that Mr Justice Afreh is therefore not likely to sit on the panel claiming that it will be in his own best interest.

It is believed that this is a test case for the new Supreme Court judge that the whole world would be watching and monitoring to see how he deals with it.

Two other qualified judges, Justices Georgina Woode and S.A. Brobbey have according to reliable Network Herald sources, refused to accept nomination to the Supreme Court on the basis of timing.

Others too aare of the opinion that Justice Afreh was compelled to accept the nomination, in spite of the debate and public criticism it generated, because he has just about a year to go. The retiring age for Supreme Court judges is 70, and Mr. Justice Afreh is already 69.

Former Supreme Court Judge, Mr. Justice Charles Hayford-Benjamin agrees with the position against the timing of the elevation of the judge described by many as very competent for the job. To him, it does not make any sense, appointing a man who is almost 70 to the bench, although he thinks Justice Afreh has “sterling” qualities to be a Supreme Court judge.

Attorney-General and Minister of Justice, Nana Addo Dankwa Akufo-Addo, is on record to have two years ago opposed the nomination of Mr. Justice Essilfie Bondzie to the Supreme Court on the basis of his age.

Meanwhile, front-runners of the minority NDC in Parliament say they do not intend to pursue any further, their protest against the nomination and subsequent approval of Justice Afreh to the Supreme Court.

Leader, Alban Bagbin and spokesman on legal and constitutional affairs, Alhaji Mohammed Mumuni, MP say the protest of the minority was as a matter of principle and would want it to remain in the records of this country.

They told the Network Herald that no further actions would be taken with regards to this matter. “We do not intend to pursue this matter any further. We leave it for the good judgment of all Ghanaians,” Bagbin said.

Meanwhile, in his comments on the declaration of the Fast Track Court as unconstitutional, Justice Hayford-Benjamin warned that the nation and its judicial system would be faced with more of these constitutional cases in future. He predicted that more of such cases would be brought to the attention of the Supreme Court for interpretation.