Supreme Court Nominees Grilled
THE APPOINTMENTS Committee of Parliament yesterday interrogated President Atta Mills' nominees for the Supreme Court, the highest court of the land, on their understanding of the law, with one of them supporting the retention of the death penalty in the country's statutes.
Not prodded to give reasons for her preference of capital punishment, Justice Vida Akoto-Bamfo told a crowded Speakers conference room at the Parliament House that she wholeheartedly supports the law, after being quizzed on the matter by a Member of the Committee.
Her opinion on the issue was seen to be more explicit given that her colleagues, Justices Benjamin Teiko Aryeetey and Nasiru Sulemana Gbadegbe, had indicated that as interpreters of the laws they had no opinion on the death penalty, but would pass sentences accordingly when the need arises.
Justice Akoto-Bamfo's assertion has collided with views of human rights campaigners including the Commission on Human Rights and Administrative Justice (CHRAJ), who have consistently advocated that the death penalty should be expunged from the statutes, arguing it has outlived its usefulness.
Benjamin Teiko Aryeetey, Nasiru Sulemana Gbadegbe and Vida Akoto-Bamfo, Justices of the Court of Appeal, were nominated by President Mills in accordance with Article 144 (2) of the 1992 Constitution on the advice of the Judicial Council and in consultation with the council of State to be considered by Parliament for the Supreme Court.
Vacancy for the nomination of the three Justices was created following the death of Justice Prof. Tawiah Modibo Ocran, Retirement of Justice Theodore Adzoe and the resignation of Justice F. Y. Kpegah last year, leaving only 11 Supreme Court Judges.
The three nominees answered pertinent questions on whether all the judges at the Supreme Court should be empanelled to sit on cases or not, perceived corruption in the judiciary, the law of causing financial loss to the state, justice delivery, with particular reference to the nagging issue of remand prisoners, and how to improve the judicial system in the country.
However, they could not give a definitive pronouncement on the controversial issue of giving an upper limit to Judges at the Supreme Court, saying it would be unfair to make any declaration as they themselves are now beneficiaries of the status quo.
Justice Benjamin Teiko Aryeetey, who has been on the Bench for the past 38 years with only two years left in public service, indicated that there is no upper limit in the constitution at the moment, anticipating that, “In future we might need an expansion as the economy grows, but at the moment 14 is okay”.
All the judges, he also submitted, should not be empanelled to sit on cases in the first instance as there might be the need for a review, suggesting that five or seven judges should sit at a given time.
The appointments of Judges to the Supreme Court by the previous New Patriotic Party (NPP) was described by its political opponents as “packing of the Court”, generating a heated debate with some advocating a ceiling of Judges at the highest court of the land.
Justice Aryeetey indicated that with his experience over the years, he will be able to contribute his quota to the Supreme Court before his retirement.
Touching on judicial corruption, the nominee said although he would not completely rule out the phenomenon as it could occur in all human institutions, he was of the opinion that most allegations made against judges are unfounded, challenging people to come out with all allegations of corruption.
Being on the Bench for the past 20 years, Justice Sulemana Gbadegbe said there has not been an instance where judges have been directed by a President or the government to give judgment in one way or another, adding that it was an impeachable offence if any president attempted to do so.
He underscored the need for society to recognize the important role of the judiciary, particularly judges, in the development of the economy by contributing to eliminate some of the challenges that cause delays in the trial of cases.
Justice Gbadegbe called for the commitment of all stakeholders in the judicial system to effectively and efficiently deliver justice, especially the civil society. He noted that, “People do not know what real justice means until they come into conflict with the law”.