Nullification GBA sues Attorney General over Supreme Court appointments

The two Supreme Court justices were sworn-in by the President at the Flagstaff House Monday after the Appointment Committee of parliament approved their nomination.

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Justice Apau and Justice Pwamang play

Justice Apau and Justice Pwamang

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The Ghana Bar Association and two other lawyers of the association, Justine Amenuvor and Frank Beechem, have filed a writ at the Supreme Court seeking to nullify the nomination and subsequent confirmation of Justices Yaw Apau and Gabriel Pwamang as justices of the highest court.

The defendants are the Attorney General and the Judicial Council as first and second defendants respectively.

The two Supreme Court justices were sworn-in by the President Mahama on Monday June 29, after the Appointments Committee of parliament approved their nomination.

But according to the plaintiffs in a suit filed on Tuesday, the President breached some vital procedures in the appointment and confirmation process.

They are therefore seeking four reliefs from the Superior Court of the land on the matter.
The four reliefs are;

1. A declaration that upon true and proper construction of Article 144 clauses (2) and (3) of the 1992 Constitution, all appointments made by the President of the Republic of Ghana to the Supreme Courts are valid only to the extent that such appointments are made in strict accordance with the advice of the 2nd defendant herein, the Judicial Council.

2. A declaration that upon true and proper interpretation of Article 144 (2) and (3) of the 1992 Constitution, a constitutional trust is created in the 2nd defendant herein, the Judicial Council, to make nominations of the person(s) best qualified to serve as Justices of the Superior Courts of Judicature and the 2nd Defendant is required to ensure that such nominations are actually submitted by the President to Parliament for the approval after due consultations with the Council of State

3. A declaration that accordingly, upon true and proper construction of the Article 144 clauses (2) and (3) of the 1992 Constitution the Judicial Council of the Republic of Ghana has a constitutional obligation to specifically advise the President of the Republic of Ghana as to which specific person(s) is/are suitable for appointment to serve as Justice(s) of the Superior Courts of Judicature in accordance with which advice the President is mandatorily required to exercise his powers of appointment.

4. A declaration that an appointment of non-appointment by the President if the Republic of Ghana of a Justice of the Superior Court in a manner out of accord with the advice of the Judicial Council is unconstitutional, null, void and of no effect.

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