A nominee for the Supreme Court bench, Anthony Forson Jr., has strongly opposed proposals to cap the number of Justices on the apex court, arguing that its broad constitutional jurisdiction makes such a move impractical.
He said unless Ghana decided to reduce the jurisdiction of the Supreme Court, there should be no cap on the number of Justices appointed to the apex court.
“So unless, as a country, we decide to reduce the jurisdictions which have been allocated to the Supreme Court, for now, there should be no cap,” he said.
No capping
Appearing before the Appointments Committee of Parliament for his vetting on Thursday (August 27), Mr Forson Jr. said he was among those who opposed capping the membership of the Supreme Court.
He said the justification for expanding the membership of the apex court had clearly established that its previous composition was unable to cope with its workload.
“Indeed, if you look at the write-ups on the justification for the expansion of the membership of the Supreme Court, it was clear that the current composition was unable to cope with the workload.
“So for now, I disagree that there should be a cap,” he said.
He stated this when he responded to a question from a member of the committee, Laadi Ayii Ayamba, who sought his view on whether there should be a cap on the number of Justices at the Supreme Court.
Public Tribunals
The nominee also responded to a question from a member of the committee, Bede Ziedeng, on the establishment of Public Tribunals, particularly concerns from some sections of society over the constitutional provision for such tribunals.
Mr Forson Jr., a former President of the Ghana Bar Association, said he had no objection to the establishment of Public Tribunals, pointing out that the Constitution had made provision for them under Article 12.
“So if the fundamental law of the land provides for it and it is being effectuated, I do not have a problem with it as it is not something which is being imported into the Constitution.
“So if Parliament is following the law, I have absolutely no problem,” he said.
Professional conduct
Responding to another question from a member of the committee, Faustina Elikplim Akurugu, on how he would ensure that his professional relationships, former clients, colleagues at the Bar and cases involving institutions with which he had previously dealt with did not consciously or unconsciously influence his decisions on the bench, Mr Forson Jr. said he would not allow his past relationships to negatively influence his judicial decisions.
He, however, acknowledged that close relationships could unconsciously influence a person's decisions, describing that as part of human nature and drawing on his 29 years of professional experience.
He said his extensive experience in commercial legal practice had shaped his worldview on legal matters, but stressed that his professional responsibilities would prevent him from showing bias towards any individual.
“My professional responsibilities will not allow me to show any bias towards anybody.
“So I do not think it will have any conflict with my decisions as no matter how many noises are made, the law is the law,” he said.
Mr Forson Jr. explained that where a case came before the Supreme Court on appeal and there was a conflict of interest because he or his law firm had handled an aspect of the matter at the lower court, he would recuse himself.
ICT to tackle case backlog
On how he would advise or support the Chief Justice in finding alternative ways to clear the backlog of cases, Mr Forson Jr. pointed to his record at the Ghana Bar Association, where he supported efforts to digitalise its operations.
He, therefore, said he would strongly support the Chief Justice in using information and communication technology (ICT) to accelerate the disposal of cases and reduce the backlog.
“It is doable if the will is there but, of course, there will be opposition,” he said.
He also advocated afternoon court sittings as another measure to help clear the backlog of cases.
“There will be opposition because the lawyers will say that they need their rest, but we have to move forward and the strongest point to use is ICT and it is doable,” he said.
Commendation
The Chairperson of the Appointments Committee, Bernard Ahiafor, commended Mr Forson Jr. for demonstrating consistent professionalism throughout his career at the Bar.
“Your qualification under the Constitution of the Republic of Ghana as a Supreme Court judge is not in doubt and your professionalism and conduct as a lawyer is also not in doubt.
“I know you are capable of working as a Supreme Court judge and you deserve to be nominated,” he said.
