Re Chief Justice appeals to President

to fill vacancies at Supreme Court*

* *

I have read with interest the appeal by Mrs Georgina Theodora Wood, the Chief Justice, to President John Evans Atta Mills to fill three vacant positions at the Supreme Court of Ghana. She has also submitted the names of three Appeal Court Justices approved by the Judicial Council for the consideration of the President. In my opinion the President should reject this appal as the Court as presently constituted meets the constitutional requirements. Article 128 (1) of the 1992 Constitution states that: The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court. Article 128(2) states: "The Supreme Court shall be duly constituted for its work by not less than five Supreme Court Justices, except as otherwise provided in Article 33 of the 1992 Constitution." The Constitution does not, at present, set any limit on the number of Supreme Court judges that may be appointed by a government. With 11 Supreme Court Judges, Ghana has more judges at its apex court than a number of western countries that have a more litigious culture and complex economies than Ghana. A small developing country like Ghana does not need 14 Supreme Court Judges. The US Supreme Court is made up of 9 judges. The High Court of Australia consists of 7 judges. . It must be noted that Supreme Court Judges represent a very small, although important, part of the judiciary. The majority of civil and criminal justice is administered at the trial, not at the appellate or Supreme Court level and it is at the trial level that the community and the judiciary have their most important contacts. In calling for an increase in the number of Supreme Court Judges this reality has not been considered

Of course, courts in the west are better resourced than Ghanaian courts – for instance, they have better research facilities and more support staff than courts in Ghana. Judges in the US and Australia have associates. These are often very bright and recently qualified lawyers who assist the judges with their research work in writing their judgments. This is a measure that could be adopted for the Supreme Court of Ghana, if not the Court of Appeal and the High Courts.

The issue of providing for the maximum number of Supreme Court Judges must be considered in any constitutional review.

It is important to look for efficiencies in the system. The capacity of courts to conduct their business with reasonable efficiency depends to a large extent upon groups who are independent of each other, and whose interests are often in conflict. The executive governments, which fund the courts, the lawyers, and the litigants, all affect the manner in which the "system" functions. Some delays are attributable to the legal profession and it is important that the legal profession shows an interest in the efficiency with which the courts function and I will appeal to them to assist in improving the system for without their cooperation it is impossible to achieve much of what the judges are seeking to do.

Ebenezer Banful