President Akufo-Addo says contrary to a claim by the opposition leader, John Dramani Mahama, that he had packed the Supreme Court with members of the New Patriotic Party (NPP), almost all the justices he nominated received a bi-partisan endorsement by Parliament.
The President was responding to claims by former President Mahama that he had packed the judiciary with New Patriotic Party (NPP)-aligned lawyers to evade accountability after leaving office.
President Akufo-Addo broke his silence over the accusation on Monday, September 11, 2023, when he delivered a speech at the 2023 Bar Conference of the Ghana Bar Association in Cape Coast, in the Central Region.
“In the case of appointments to the Supreme Court, because of its unique position in our judicial structure, there are the additional requirements of the consultation of the Council of State and the approval of Parliament. In the overwhelming number of cases involving justices-designate to the Supreme Court, that approval has been given on a bi-partisan basis. You can count on the fingers of a hand the number of justices-designate whose approval met less than unanimous consent,” he said.
However, appointments to the lower courts, the High Court, and the Court of Appeal are done by the President exclusively on the advice of the Judicial Council, according to Articles 136, 139, and 142.
NDC JUDGES
Mahama told the forum of National Democratic Congress (NDC) lawyers that, in order to balance the current numbers at the courts, some of them should prepare for appointments onto the bench in the event that he won the 2024 presidential election.
REJECT
In his speech, President Akufo-Addo said the comment by former President Mahama was a brazen attack on the independence of the judiciary.
He also said the thinking of the presidential candidate for the 2024 elections, Mahama, was dangerous and a reason for right-thinking Ghanaians to vote against him.
He noted that “not only are these concepts of “NPP” and “NDC” judges new in our public discourse, they are also extremely dangerous and represent the most brazen attack on the independence of the judiciary by any allegedly responsible politician of the 4th Republic. They provide another reason, if more were needed, why right-thinking citizens should ensure the defeat in 2024 of the man whom the first Special Prosecutor identified as Government Official No. 1 in the still unresolved Airbus Bribery Scandal.”
ELSEWHERE
The President stated that in some common law countries, particularly in the United States of America, the political colour of judges was a legitimate topic of public discourse.
He remarked that judges at the district and state levels within the federal structure of the American government, were elected officials and their political colouring was generally well-known and accepted.
Judges at the federal level, including those of the Federal Court of Appeals and the US Supreme Court, are appointed by the President with the consent of the Senate.
NEW LAW
The President, speaking about fighting corruption, stated that his government had introduced the boldest measures against the canker.
In addition to investigating allegations against his appointees, citing the ongoing Cecilia Abena Dapaah probe by the Office of the Special Prosecutor, President Akufo-Addo also noted that efforts were ongoing to enact a law on the Conduct of Public Officers.
According to him, the Attorney General had undertaken various stakeholder consultations with a number of public sector organisations, civil society, and other interest groups to this end.
He explained that when passed into law, the Conduct of Public Officers Act will address issues regarding financial portfolios held by public officers before assuming public office.
The law will also address links of such financial portfolios “to family business, improper enrichment, care of public property, professional practices, property, investments, shareholdings, and other assets, self-dealing, partiality in the performance of duties, and use of public or confidential information to further private interests, amongst others.”
“The bill will provide a gamut of stringent administrative measures and sanctions to deal with violations of the law, ranging from a bar against holding public office for limited and indefinite periods to penal measures,” he said.
