Private Legal Practitioner, Victor Kojoga Adawudu has defended President John Dramani Mahama’s appointment of two new Justices to the Supreme Court, saying he followed due process.
The Ghana Bar Association (GBA) and three others have filed a suit at the Supreme Court praying the court to nullify the appointment of Justice Yaw Apau and Gabriel Pwamang as the apex court’s Justices.
The GBA in its suit said the appointment of the two was unconstitutional.
[contextly_sidebar id=”vrG93Vtj78Vd0Tgct4rN7880xXrfUQdE”]The plaintiffs are also accusing President Mahama of disregarding the advice of the Judicial Council and failing to comply with constitutional provisions pertaining to their appointment.
However speaking to Citi News, Victor Kojoga Adawudu who is also a member of the GBA said the President did nothing wrong.
“If it is on the advice of the Judicial Council, the second step is in consultation with Council of State and the third one is approval by Parliament so it is three different criteria.You cannot say that what the first criteria decides should ban all of them. If that is it, it should have been just the advice of the Judicial Council , you need not go to the Council of State to also do their enquiries, do their background check and then go to Parliament so if you are saying that it is only Judicial Council then the rest should not have been important but the framers of the constitution put in this approach that you go through,” he posited.
“If one institution makes a recommendation, others need to look at the background. Some people go through the process, and some are dropped at a point in time,” he further explained.
The GBA is seeking four reliefs from the Superior Court of the land on the matter.
The four reliefs are;
1. A declaration that upon true and proper construction of Article 144 clauses (2) and (3) of the 1992 Constitution, all appointments made by the President of the Republic of Ghana to the Supreme Courts are valid only to the extent that such appointments are made in strict accordance with the advice of the 2nd defendant herein, the Judicial Council.
2. A declaration that upon true and proper interpretation of Article 144 (2) and (3) of the 1992 Constitution, a constitutional trust is created in the 2nd defendant herein, the Judicial Council, to make nominations of the person(s) best qualified to serve as Justices of the Superior Courts of Judicature and the 2nd Defendant is required to ensure that such nominations are actually submitted by the President to Parliament for the approval after due consultations with the Council of State
3. A declaration that accordingly, upon true and proper construction of the Article 144 clauses (2) and (3) of the 1992 Constitution the Judicial Council of the Republic of Ghana has a constitutional obligation to specifically advise the President of the Republic of Ghana as to which specific person(s) is/are suitable for appointment to serve as Justice(s) of the Superior Courts of Judicature in accordance with which advice the President is mandatorily required to exercise his powers of appointment.
4. A declaration that an appointment of non-appointment by the President if the Republic of Ghana of a Justice of the Superior Court in a manner out of accord with the advice of the Judicial Council is unconstitutional, null, void and of no effect.
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By: Marian Efe Ansah/citifmonline.com/Ghana
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