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Private legal practitioner and a member of the National Democratic Congress (NDC) has called for sweeping reforms to Ghana’s judicial appointment process, citing Kenya’s merit-based, independent model as an example worth emulating — especially as debates intensify over recent nominations to the Supreme Court.
Nii Kpakpo Samoa Addo, speaking on The Forum on Asaase Radio on Saturday (3 May), said Ghana should adopt a more transparent system, where a permanent, independent commission – including foreign justices – vets and ranks candidates through open applications.
“We should go the Kenyan way,” he told Wilberforce Asare, the host of the programme.
“Their process is by application, and the commission that looks at it is independent, including sitting justices from other countries. They do the vetting and come out with a report, and per the ranking of that report, they do the promotion.”
Strong defence
His remarks came as he defended former President John Mahama’s nomination of seven Court of Appeal justices to the Supreme Court, a move that has stirred political controversy and accusations of court-packing.
But Samoa Addo argued the nominations were justified, especially given the Supreme Court’s current staffing challenges.
Samoa Addo stressed that all seven nominees are sitting justices of the Court of Appeal, fully qualified for elevation, and welcomed the fact that they were not external or politically affiliated candidates.
“There was a policy statement from the Chief Justice that said we need 21 judges on the Supreme Court. At the time, there were only 13. Then another president comes and says, ‘Let me nominate seven.’ So how do you now turn around and say he’s packing the court?”
“I was even happy when it turned out that it was seven sitting Court of Appeal judges who were moving. These are justices who qualify to be moved to the Supreme Court,” he said.
Faulty approach
The nominated Justices are Sir Dennis Dominic Adjei, Gbiel Simon Suurbaareh, Senyo Dzamefe, Kweku Tawiah Ackah-Boafo, Philip Bright Mensah, Janpere Bartels-Kodwo, and Hafisata Ameleboba.
Adding his voice to the issue was a former deputy attorney general Joseph Dindiok Kpemka who argued that the nomination process appears to lack clarity regarding whether proper consultation took place with constitutionally mandated bodies, including the Judicial Council and the Council of State.
He said the President’s failure to explicitly detail the stages of consultation risks undermining the constitutional integrity of judicial appointments.
“Just quoting the provision and saying that you are acting in compliance with Article 144(2), for me, is insufficient,” he said, warning that such ambiguity could weaken public confidence in the constitutional process.
The former MP for Tempane added that any action taken outside of formal consultation with the Judicial Council would, in his view, be unconstitutional.
He maintained that while the President has the power to nominate, such discretion must be exercised transparently, with clear evidence of advice and approval from the relevant institutions.
“The judicial council is very important in the process leading to the appointment,” he said. “If all the time the President can have his way, then why the need for advice or consultation?”
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