Local Politics

Ayariga Seeks Clarification on Presidential Powers Over Supreme Court

Story Highlights
  • Ayariga challenges president's power to appoint more Supreme Court justices.
  • Constitution sets minimum of 9 justices + Chief Justice, no upper limit.
  • Ayariga says increase requires parliamentary approval.
  • He urges committee to address issue before vetting new justices.

Mahama Ayariga, the Member of Parliament for Bawku Central, has raised concerns about the president’s authority to appoint additional Supreme Court justices beyond the constitutionally mandated number. Ayariga made his remarks during the vetting of new Supreme Court justices appointed by the president to replace two retiring justices in Accra on Tuesday.

The president’s letter requesting the vetting of the nominees stated that the appointments were necessary to fill the vacancies created by the retirement of two justices, bringing the total number of justices to 15. However, Ayariga argued that the constitution sets the minimum number of Supreme Court justices at nine, plus the Chief Justice, and does not provide for the president to unilaterally increase this number.

Ayariga contended that while the constitution does not specify a maximum number of Supreme Court justices, presidents have sought to assume this power, which he believes is a clear violation of the constitution.

He cited articles 296 and 298 of the 1992 constitution, which suggest that only parliament can make laws to regulate the increase in the number of Supreme Court justices or the president can do so through a constitutional instrument laid before parliament.

Ayariga urged the appointments committee to address this issue before proceeding with the vetting of the nominees. He emphasized that the current number of Supreme Court justices is 15, with two set to retire, and questioned the president’s authority to appoint additional justices beyond the minimum of nine plus the Chief Justice.

Ayariga challenged anyone to show him a provision in the constitution that grants the president the power to decide the upper ceiling of Supreme Court justices. He stressed that the constitution does not provide for the president to unilaterally increase the number of Supreme Court justices, and this power should not be assumed without proper constitutional backing.

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