Parliament Approves President Mahama’s Supreme Court Nominees Following Minority Walkout over Vetting Schedule

The Ghanaian Parliament has formally approved the nominations of Justice Sophia Rosetta Bernasko-Essah, Justice Edward Amoako Asante, and private legal practitioner Anthony Forson Jnr to the Supreme Court. The approval followed a contentious process marked by a walkout from the Minority Caucus, who protested the expedited vetting schedule. Despite the absence of the Minority, the Appointments Committee, chaired by Bernard Ahiafor, recommended the candidates based on their judicial experience and legal expertise. The nominees will now proceed to be sworn in by President John Mahama, who has recently reiterated his administration's commitment to judicial independence and the modernization of the justice system.

The Minority Caucus, led by Alexander Afenyo-Markin, argued that the four-day vetting window provided insufficient time for public participation and thorough scrutiny of the nominees' backgrounds. Citing parliamentary standing orders, the Minority claimed that a 14-day notice is standard practice to ensure transparency. They further alleged that the rushed appointments were part of a broader political strategy. Committee Chairman Bernard Ahiafor dismissed these objections as "baseless," maintaining that the committee acted within its mandate to fulfill constitutional requirements without unnecessary delay. The Minority eventually withdrew from the proceedings, allowing the Majority to adopt the committee’s report and finalize the approval in a plenary session.

During their individual vetting appearances, the nominees addressed critical issues facing the judiciary. Anthony Forson Jnr, a former President of the Ghana Bar Association, voiced strong opposition to capping the number of Supreme Court justices at 19, arguing that the court’s broad jurisdiction requires flexibility in its composition to manage a heavy workload. He also advocated for the integration of Information and Communication Technology (ICT) to clear case backlogs. Justice Edward Amoako Asante, who has served as President of the ECOWAS Court, emphasized the necessity of "independence of mind," asserting that judges must remain insulated from the influence of their appointing authorities. Meanwhile, Justice Sophia Rosetta Bernasko-Essah highlighted the court's power under Article 129(9) of the Constitution to depart from past precedents when necessary to prevent injustice.

This judicial expansion comes at a time when President Mahama is pushing for structural reforms within the Judicial Service. Speaking recently at the JUSAG conference in Tamale, the President emphasized that the independence of the judiciary is fundamental to Ghana's democracy. He also called for innovative funding models for development projects and supported the implementation of the Judicial Service Regulations of 2025 to improve staff welfare. With the parliamentary approval now complete, the new justices are expected to bolster the court's capacity to handle complex constitutional matters and expedite the delivery of justice across the country.