Did the Chief Justice have the power to extend the retirement of Justice Honyenuga? – Dafeamekpor

The Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has questioned whether the Chief Justice, Justice Kwasi Anin-Yeboah, has the power to extend the contract of justices of the Supreme Court of Ghana.

A Supreme Court Judge, Justice Clemence Jackson Honyenuga, announced in court on Thursday, July 28, 2022, that Chief Justice Anin-Yeboah had extended his retirement to enable him to complete the ongoing criminal trial of former COCOBOD Chief Executive, Dr. Stephen Opuni.

"The Chief Justice, as the Administrative Head of the Judiciary, has the power under the Constitution to grant an extension to a retiring judge."

"In pursuant to Article 112(2) of the Constitution, 1992, the chief justice has granted me a limited time to conclude this case. In the circumstances, this court shall, in addition, sit on Tuesdays at 11 a.m. for early disposal of this four-year-old case. In view of the pending vacation, the case is adjourned to October 3, 2022, at 10 a.m. for continuation," he said.

But Dafeamekpor, in a tweet he shared on November 15, insinuated that the move by the chief justice was wrong since the President of the Republic is the only appointing authority and he alone can extend the contract of his appointees.

He also questioned whether the vetting and approval of the president's appointees are valid after their retirement age.

"In re the extension of time of Hoenyenuga JSC by the CJ: the Constitutional Question is: Can the CJ extend the life of a Supreme Court Judge beyond his statutory 70yr tenure? 

"Remember, the Prez is the Appointing authority. Also, is the Parliamentary vetting valid beyond 70yrs?" the MP’s tweet read.

View the MPs tweet below:

In re the extension of time of Hoenyenuga JSC by the CJ: the Constitutional Question is: Can the CJ extend the life of a Supreme Court Judge beyond his statutory 70yr tenure? Remember, the Prez is the Appointing authority. Also, is the Parliamentary vetting valid beyond 70yrs?

— Rockson-Nelson Dafeamekpor, Esq. MP. (@etsedafeamekpor) November 15, 2022