
Supreme Court nominee, Justice Kweku Tawiah Ackaah-Boafo, has proposed a legal and technology-based solution to address the long-standing perception that Chief Justices abuse their powers when empanelling justices at the apex court.
Justice Ackaah-Boafo suggested that a law should be enacted to introduce an electronic empanelling system, where cases are automatically assigned to panels without human interference or bias.
Speaking before Parliament’s Appointments Committee on Friday, June 20, he acknowledged that the current system of empanelling falls under the administrative mandate of the Chief Justice.
“I think the Chief Justice empanelling judges is administrative work. But the question you posed also gives the impression that there is a perception the Chief Justice can use that negatively or select panels unfairly,” he said.
“My view is that we should have statutory legislation on electronic empanelling. Even at the Supreme Court, there should be panel heads, with the Chief Justice as one of them,” he added.
Justice Ackaah-Boafo further explained that the appellate court already has a structure of senior, mid-level, and junior judges—a structure he says the electronic system can use.
“For instance, if you have four panels at the Supreme Court with the most senior judges as heads, and cases are assigned electronically to Panel One headed by Judge A, then it cannot be changed,” he explained.
He stressed that such a system would eliminate the perception of bias and end claims that a Chief Justice can manipulate panel formation for favouritism.