The Supreme Court will later today hear the Ghana Bar Association’s (GBA) petition challenging the appointment of two Supreme Court judges.
According to the GBA, the appointment of Justice Yaw Apau and Gabriel Pwamang by the president is in violation of the recommendations by the Judicial Council.
The GBA is of the view that the processes President Mahama used in appointing the two justices were unconstitutional and therefore the Supreme Court should declare it null and void.
The case on the first hearing was adjourned to allow the AG and lawyers of the Bar Association to file all their processes to enable hearing commence fully.
The four reliefs the GBA is seeking 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.
Source: citifmonline
