Supreme Court caseload must be considered when capping justices — Justice Mensah

Supreme Court nominee, Justice Philip Bright Mensah, has weighed in on the ongoing debate over whether a cap should be placed on the number of justices appointed to the apex court.

The 1992 Constitution provides that the Supreme Court shall consist of the Chief Justice and not less than nine other justices.

However, it does not specify a maximum number, raising concerns about potential excessive appointments or “court-packing.”

Appearing before Parliament’s Appointments Committee on Tuesday, June 16, Justice Mensah said any decision to cap or expand the number of justices must consider the court’s jurisdiction and caseload.

Citing an annual report of the Judicial Service, he disclosed that as of June 2023, a total of 595 cases were pending before the Supreme Court.

Justice Mensah, who proposed the appointment of 20 justices to the apex court, believes the caseload is a critical factor that must inform the national conversation around capping the SC.

“I will start off by saying that if there should be a need for expansion or capping of the Supreme Court, I think the process should go through expansive consultation among all stakeholders—lawyers, the Ghana Bar Association, constitutional experts, academia, and the political parties—so that we can build consensus,” he said.

“I brought this report—an annual report of the Judicial Service—and as of June 2023, we were informed just last week that 595 cases were pending in the Supreme Court. So, when we talk about capping, we must also take into consideration the number of cases awaiting attention at the court,” he added.