Nominee defends uncapped number of SC justices

Supreme Court Judge nominee Justice Agnes Mercy Abla Dordzie has defended the current legal regime where there is no cap on the number of justices at the highest court of the land.

The constitution gives a minimum of 9 justices at the Supreme Court with no maximum.

There have been criticisms of the status quo with claims incumbent governments always abuse the system by rewarding justices who give judgments in their favour with appointments to the highest court.

There have been calls for the status quo to be changed and allow a fixed number of Supreme Court justices to be appointed but Justice Dordzie has disagreed.

She told the Parliament’s Appointments Committee the legal system works better with an uncapped number of Supreme Court justices.

Justice Dordzie is one of four justices being vetted by the committee to the Supreme Court.

“Those of us who have been in the system that rise to the court of appeal and to the Supreme Court [prefer an uncapped system.]”

“When it comes to empanelling, the larger the number, the better because you may have to recuse yourself when you have decided a case at the lower court.

“When it happens that way the Supreme Court will be handicapped in vetting and empaneling. I think the number as we have it is not too large. It makes vetting easier,” she said.

There are about 14 Supreme Court judges currently at post. If the four nominees are approved, it will bring the number of Supreme Court justices to 18.

Commenting on other matters, the nominee also expressed concern about the quality of investigations by police before prosecution.

Justice Dordzie called on the police to “sit up” and do a more thorough investigation before handing it over to the Attorney General or any prosecutor for purposes of prosecution.

She made the comment when she was asked about a case she presided over which involved missing cocaine at the Police HQ.

Meanwhile, the last of the four nominees, Nene Amegatcher, who was formerly the president of the Ghana Bar Association is expected to take his turn to be vetted later in the day, Gakpo reported.