The Minority Leader in Parliament, Alexander Afenyo-Markin, has sounded a strong alarm over what he described as a “constitutional crisis” and “executive overreach” in the ongoing appointments to the Supreme Court.
Addressing the Appointments Committee on Monday at the commencement of vetting President John Mahama’s seven nominees to the apex court, the Effutu MP described the suspension of Chief Justice Gertrude Torkornoo under Articles 146 and 296 as procedurally questionable, stating it places the country at a “constitutional crossroads.”
“An executive that suspends one Chief Justice whilst installing seven new justices is not filling vacancies — it is reshaping the constitutional order. The appearance of institutional capture is inevitable and constitutionally catastrophic,” he stated.
Afenyo-Markin accused the current administration of distorting the judicial order and cautioned the nominees not to become “instruments of executive convenience.” He further chastised the Supreme Court for failing to uphold its constitutional duty during moments when “courage was demanded.”
In a sharp rebuke of the ruling National Democratic Congress (NDC), the Minority Leader labelled the party’s actions as “breathtaking hypocrisy.” He recalled the NDC’s strong opposition to previous judicial appointments under former President Akufo-Addo, including Justice Sophia Bernasko Essah and Professor Richard Frimpong Oppong, which they claimed bloated the Court.
“Where is their concern about court size now? Such breathtaking inconsistency exposes an administration driven by political calculation, not constitutional principle,” he stressed.
Addressing the nominees, Mr. Afenyo-Markin emphasized the critical need for constitutional fidelity and independence from political influence.
“True judicial independence requires constitutional courage — deciding cases on law and precedent, not political preference. It means protecting minority rights against majoritarian excess,” he stated.
He reminded the nominees that the legitimacy of the Supreme Court stems not from political alignment but from the public’s confidence and the Court’s moral standing.
He urged members of the Appointments Committee to conduct their duty with diligence, focusing not just on the legal expertise of the nominees but also their constitutional philosophy and independence.
“We must probe not merely legal knowledge but constitutional philosophy,” he stressed.
He appealed for tolerance and civility throughout the vetting process to the media and the public.
“Provocative questions are democracy’s oxygen. We are building a nation, not trading insults.”
Hon. Afenyo-Markin congratulated the nominees on their accomplishments but noted that the constitutional controversy surrounding their nominations was not of their own making.
“Your legal accomplishments merit recognition, and I express sincere sympathy for the constitutional controversy surrounding your nominations — a controversy entirely of the Government’s making, not yours.”
“History will judge whether we defended democracy when it needed us most. Future generations will thank us for courage or condemn us for cowardice. The choice is ours. The time is now,” he added.
Three of the seven nominees were vetted on Monday. The Committee is expected to vet two more on Tuesday and conclude the process on Wednesday with the final two.