Afenyo-Markin warns against politicising judiciary

Parliament on Monday, June 15, began vetting seven nominees to the Supreme Court, with Minority Leader Alexander Afenyo-Markin warning of growing political influence over the judiciary and urging a renewed commitment to constitutional independence.

Speaking before the Appointments Committee, Afenyo-Markin started vetting the nominees, Mr Afenyo-Markin questioned the credibility of the nomination process and accused the government of double standards in its handling of Supreme Court appointments.

“These nominees are inheriting a court that has retreated into comfortable silence when courage was most needed,” he said. “This government, led by the same NDC that opposed appointments under President Akufo-Addo, is now presenting seven nominees at once. Where was their concern about the court's size back then?”

The nominees—all Court of Appeal judges—were nominated by President John Dramani Mahama in accordance with Article 144(2) of the 1992 Constitution, which mandates the President to appoint Supreme Court justices in consultation with the Council of State and with the approval of Parliament.

They include: 

• Justice Senyo Dzamefe, who chaired the 2014 FIFA World Cup Commission of Inquiry
• Justice Sir Dennis Dominic Adjei, a respected authority in human rights law
• Justice Gbiel Simon Suurbaareh, with vast experience on the Upper West bench
• Justice Philip Bright Mensah, known for civil and electoral appeal rulings
• Justice Janapare Adzua Bartels-Kodwo, a notable contributor to appellate jurisprudence
• Justice Hafisata Amaleboba, a leading voice in criminal justice reform
• Justice Kweku Tawiah Ackaah-Boafo, recognised for commercial and constitutional law judgments

Mr Afenyo-Markin stressed that judicial appointments should go beyond technical competence to include a proven commitment to impartiality and fidelity to the Constitution.

“Supreme Court authority derives from moral standards, not political alignment,” he said. “We must approve only those with an unbending commitment to judicial independence.”

He urged his colleagues to uphold the integrity of the process. “Our democratic maturity is measured by our ability to disagree respectfully. Let this vetting be remembered as a moment when we chose principle over partisanship.”

Rebuttal

In a rebuttal, Majority Leader Mahama Ayariga rejected the Minority Leader’s accusations and defended the nomination process as fully compliant with constitutional provisions.

“This is not the appropriate platform to question the process surrounding the appointment of Justice Getrude Torkornoo or any other nominee,” Ayariga said. “The process has been followed diligently, and even legal attempts to challenge it in the Supreme Court have failed.”

Responding to the charge of double standards, Ayariga recalled that during previous vettings, the NDC argued that outgoing presidents should allow space for incoming governments to make judicial appointments. “At the time, we were close to elections, and we believed the incoming president—whether NDC or NPP—should have the opportunity,” he explained.

He dismissed claims that the current administration was acting inconsistently. “To say the government is guilty of double standards is misleading. The issue then was timing and principle, not politics. Today’s vetting should focus on the suitability of the nominees, not partisan debates.”

Ayariga called on members of the committee to refrain from politicising the process, welcoming the nominees and urging a focus on merit.