Who Succeeds Chief Justice?

THE death of the Chief Justice, George Kingsley Acquah, on Sunday has triggered speculations about who is to fill the fourth highest position in the country, at least in an acting capacity. Mr Justice Acquah died on Sunday aged 65.

Article 144 of the Constitution, stipulates that where the office of the Chief Justice is vacant, the most senior Justice of the Supreme Court shall perform those functions.

Thus, observers believe that one of the three most senior Justices of the Supreme Court, namely Justices F. Y. Kpegah, William Atuguba and Sophia Akuffo, is likely to act until a substantive appointment is made.

Seniority on the Supreme Court is determined by when one was appointed to that court, the Times learnt.

A senior lawyer, who spoke to the Times on condition of anonymity said Justice Kpegah who naturally should have been acting as Chief Justice, has also not been too well, leaving Justice Atuguba as the most likely to act. Justice Sophia Akuffo, Times learnt, has been appointed to the African Union Court in Arusha, Tanzania. When contacted, the Judicial Secretary, Ms Regina Apotsi, said the Judicial Council had not been formally informed of the death of Justice Acquah and, therefore, she could not comment on who will be acting in his absence.

"After we are informed, we will know what to do," she said.

A substantive Chief Justice is appointed by the President in consultation with the Council of State and should have served a minimum of 15 years at the bar.

By convention, seniority at the Supreme Court is not a yardstick for the appointment of a Chief Justice, and one could be chosen from outside the bench provided the person has acquired the requisite experience at the bar, says a senior lawyer told the Times.