Supreme Court Judge resigns ?

One of the 11 Justices of the Supreme Court has tendered in his resignation from the Bench. Mr. Justice E. D. K. Adjabeng reportedly wrote to the President of his intention to retire about six weeks ago. The Daily Dispatch newspaper quotes credible sources as saying that Justice Adjabeng declared his intention to retire on 1st October 2002. He is 64 years, far below the mandatory retiring age of 70 years, but stated in his letter that he was retiring on personal grounds.

Mr Adjabeng was one of the judges who declared the Fast Track Courts unconstitutional and stood by the decision during the review last Wednesday.

The Dispatch says six people have been nominated to be Supreme Court Judges. They are Justices S. A. Brobbey, S.G. Baddoo and Mrs Geogina Wood. The rest are Prof Kofi Kumado, Dr Seth Twum and Prof Date Bah.

Accra Mail's version

Days before the highest court of the republic, the Supreme Court reversed its decision and reinstated the Fast Track High Court (FTHC) one of the judges who gave the minority judgment, Justice E.D.K. Adjabeng had tendered in his resignation letter to the President, John Agyekum Kufuor.

A source said Justice Adjabeng's resignation letter to the President requested that he (Adjabeng) should be permitted to go on voluntary retirement by October this year contrary to Article 145 (2), which provides that the mandatory age for a Supreme Court judge to go on retirement is 70. The judge has six years before he goes on retirement.

The Government Spokesperson, Mr. Kwabena Agyapong when contacted by The Accra Daily Mail confirmed the report and said, "the President has accepted it". He declined to give reasons for Justice Adjabeng's resignation. Article 145 (2) states among other things that a Justice of a Superior Court (Supreme and Appeal Courts) shall vacate his office on attaining the age of 70 whiles a Chairman of a Regional Tribunal (High Courts and Regional Tribunals) shall vacate his office on attaining the age of 65 years. However section (4) of the same article states that notwithstanding that, the Justice going on retirement may continue to be in office not exceeding six (6) months to enable him deliver judgment but shall not take a new case within this period.

Justice Adjabeng was the youngest serving lawyer after serving for seven years in the history of this country to be appointed to the High Court. He was also one of the minority who declined to grant a review application sought by the Attorney-General Nana Akufo-Addo.

The Supreme Court would be left with ten judges - the Chief Justice, Mr. E.K. Wiredu, Justices Joyce Bamford-Addo, Sophia Akufo, George Acquah and William Atugubah, George Lamptey, A.K.B. Ampiah, Francis Kpegah, T.K. Adzoe, as well as the newest Judge of the Supreme Court, Justice Kwame Afreh.