Majority Leader Alexander Afenyo-Markin expressed strong support for the Chief Justice’s proposal to expand the Supreme Court of Ghana to 20 judges.
This recommendation, he argued, will enhance efficiency and effectiveness within the judiciary system.
Addressing the media on the matter in Parliament on Monday, July 9, the Majority leader stressed that Justice Gertrude Torkornoo’s letter to President Nana Addo Dankwa Akufo-Addo, recommending the appointment of five new justices to the Supreme Court is no conclusive.
According to him, the proposal aligns with Article 144(2) of the 1992 Constitution, which governs the appointment of Supreme Court justices.
“The proposal to expand the Supreme Court is not conclusive but consultative, and it has received support from the Ghana Bar Association in principle.”
“This measure is essential to address the increasing workload and ensure the effective dispensation of justice,” he stated.
The National Democratic Congress (NDC) has voiced opposition to the proposed expansion, arguing that the Supreme Court in jurisdictions that serve larger populations, have fewer justices.
The move, they said, is an attempt to load the apex court.
Afenyo-Markin, however, emphasized the unique nature of Ghana’s judicial system and argued that unlike the US Supreme Court, in Ghana, a litigant has unfettered rights and access to the Supreme Court.
Every case brought before our Supreme Court, he said, must be heard without discretion.
He underscored the differences between the judicial systems of Ghana and the United States noting that the US Supreme Court exercises discretion in selecting cases, often hearing only 80 out of thousands submitted annually.
In contrast, Ghana’s Supreme Court is mandated to hear all cases, leading to a significantly higher workload.
He said, “Ghana’s Supreme Court receives not less than 700 cases in a year. Unlike the US, our Supreme Court is required by law to hear every single case brought before it without any consideration.”
“Common sense requires more numbers in our apex court to manage this workload effectively.”
“In 2021, Ghana’s Supreme Court received 900 cases and was able to hear 600. This is a clear indication of the pressing need for additional judges to maintain the efficiency and effectiveness of our judiciary,” he added.
Afenyo-Markin cited examples of how Parliament has been adjusted over the years where the number of Members of Parliament has increased to accommodate demographic changes and ensure proper representation.
“The need for reformation through expansion is evident in our legislative history. The same principle should apply to our judiciary,” he argued.
The Majority leader called for support of the Chief Justice’s recommendation, asserting that it is a necessary reform to uphold the integrity and functionality of Ghana’s Supreme Court.
The framers of the 1992 Constitution, he said, wisely set a minimum number of Supreme Court judges but anticipated future needs for expansion.
According to him, it is now time to act on that foresight and ensure Ghana’s judiciary can effectively serve the people.