Justice Amaleboba backs capping of Supreme Court judges, urges caution

Supreme Court nominee Justice Hafisata Amaleboba has expressed support for capping the number of justices on the Supreme Court, but insists such a policy must follow comprehensive reforms to the court’s operational framework.

Appearing before Parliament’s Appointments Committee on Wednesday, June 18, 2025, Justice Amaleboba cautioned against imposing a cap without first resolving longstanding institutional challenges such as case backlogs and overlapping judicial responsibilities.

“I support capping the number of Supreme Court judges, but we should not rush to do so until we address the challenges facing the Supreme Court, such as case backlogs and its various jurisdictions,” she said.

The nominee explained that a premature cap, imposed before restructuring the court’s workload and streamlining its jurisdictions, could backfire and force future constitutional amendments.

“Prematurely capping the number could necessitate frequent constitutional amendments if increases are justified. Once these issues are resolved, we can better assess annual caseloads and establish a reasonable cap,” she added.

Currently, the Supreme Court has 13 justices. If all seven new nominees, including Justice Amaleboba, are approved, the total will increase to 20 — a scenario that has sparked public and parliamentary debate about the efficiency and public perception of the apex court.

Beyond judicial structure, Justice Amaleboba also weighed in on the conduct of judges who hold traditional chieftaincy titles, warning that such roles require extra caution in public commentary.

“As a judge and a chief, one must be measured in political commentary, especially in supporting one group over another,” she said. “Judges should exercise restraint in their language to maintain neutrality.”

Touching on family law, Justice Amaleboba clarified that Ghana’s existing legal framework already provides mechanisms for child maintenance under the Matrimonial Causes Act.

“In Ghana, we already have provisions for child support, referred to as maintenance,” she noted. “Under the law, one can apply for maintenance without seeking divorce.”

On the topic of child adoption, she explained that the Department of Social Welfare plays a central role in the preliminary assessment of applications. She further highlighted the recent establishment of a Central Adoption Authority, which is now responsible for managing the process more efficiently.

Justice Amaleboba’s vetting is part of a broader effort by Parliament to assess and confirm a batch of nominees expected to elevate the Supreme Court’s capacity.

The Appointments Committee is set to wrap up the vetting process and submit its recommendations to Parliament in the coming days.