Parliament approves three Supreme Court nominees despite Minority boycott

Parliament has approved the appointment of three nominees to the Supreme Court despite strong opposition from the Minority Caucus over the process used to vet them.

The approval was secured by a majority decision at both the Appointments Committee and plenary stages.

The nominees are Justice Edward Amoako Asante and Justice Sophia Rosetta Bernasko Essah, both Justices of the Court of Appeal, and private legal practitioner Anthony Forson Jr.

The decision followed the presentation of the Appointments Committee’s report by its Chairman, Bernard Ahiafor, who is also the First Deputy Speaker.

Mr Ahiafor urged Parliament to adopt the report and approve the three nominees after the committee concluded that they had met the constitutional requirements for appointment to the Supreme Court.

Majority backs nominees
Presenting the report, Mr Ahiafor disclosed that the Minority Caucus had raised preliminary objections to the vetting of the three nominees during the committee’s public hearing.

He said the objections were addressed, but Minority members subsequently walked out of the proceedings.

According to him, the Minority members indicated that they had “washed their hands from the rest of the processes leading to the vetting of all the three nominees.”

Mr Ahiafor said that after the vetting, the majority of members present and voting recommended that Parliament approve the nominees as Supreme Court Justices, having satisfied the constitutional requirements under Article 104.

Minority rejects approval
Minority Leader Alexander Afenyo-Markin, however, maintained that the Caucus had valid reasons for opposing the appointments.

He explained that the three Supreme Court nominees, together with two ministerial nominees, were referred to the Appointments Committee on Monday.

According to Mr Afenyo-Markin, the emergency recall of Parliament, which ended on Thursday, left the committee with only three working days to vet five nominees for two of the most consequential categories of public office in the country.

He said the Minority raised a preliminary objection before the nominees were asked any substantive questions.

Mr Afenyo-Markin said the objection was based on nine separate grounds derived from the Constitution and Parliament’s Standing Orders.

He said the committee chairman dismissed the objection, prompting the Minority Caucus to withdraw from the proceedings.

“What this House is now asked to adopt is a report produced afterward by Majority members alone,” he said.

'We're not against nominees'

Mr Afenyo-Markin stressed that the Minority’s objection was not directed at the three nominees personally and urged Parliament not to interpret the Caucus’s position as an attack on their qualifications or character.

“Our objection, as I have already stated, has nothing whatsoever to do with the persons of Justice Sophia Bernasko Essah, Justice Amoako Asante, or Mr Tony Forson.

“We have not questioned, and we do not question today, the character, the competence or the standing of any of the three nominees before this House,” he said.

He subsequently outlined the nine grounds on which the Minority had based its preliminary objection to the vetting process.

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