We Don’t Need a Bloated Bench But Equipped and Independent SC- Kwaku Azar
Legal practitioner, Prof. Stephen Kwaku Asare, known as Kwaku Azar, has criticized President Mahama’s nomination of seven justices to the Supreme Court.
In a letter dated April 29, the Secretary to the President, Callistus Mahama, presented seven justices to be considered by the Judicial Council for the Supreme Court.
The seven include Justice Sir Dennis Dominic Adjei, Justice Gbiel Simon Suurbaareh, Justice Senyo Dzamefe, Justice Kweku Tawiah Ackaah-Boafo, Justice Philip Bright Mensah, Justice Janapare Bartels-Kodwo and Justice Hafisata Amaleboba.
In a post, Kwaku Azar expressed deep concerns at the development stating that the country is not in need of a ballooned bench but one that is well equipped and independent to deliver.
“We do not need a bloated bench. We need a credible, well-resourced, and independent SC. GOGO calls for restraint, fidelity to constitutional procedures, and a renewed focus on real reform—not symbolic expansion.”
In his observation, the integrity of the country’s judiciary is being sacrificed on the altar of political expedience or damage control.
Among his concerns- which he was quick to add that didn’t bother on the qualifications of the nominees-was the implication of holding such a large bench.
According to him, a bench of nineteen justices raises serious concerns about judicial effectiveness.
“Larger panels struggle with: Coordination and timely deliberation; Consensus building; Coherent judgments; Panel manipulation; and Individual judicial accountability. The likely result is fragmented opinions, delays in decision-making, and a further dilution of institutional clarity at a time when public trust in the judiciary is already fragile.”
He is also concerned about the Logistical and Budgetary Constraints this can exacerbate.
“The SC’s physical infrastructure is already overstretched. This expansion raises pressing logistical questions: Where will the new justices sit?; Are there sufficient chambers, clerks, and administrative staff?; Has Parliament allocated any budget for this sudden enlargement?”
“Across the country, many judges lack basic research tools and technological support. Courtrooms suffer from inadequate infrastructure. There is no justification for expanding the SC when ordinary judges operate under such dire conditions.”
Kwaku Azar suggested that rather than increasing SC judges, the government must redirect the resources toward judicial infrastructure, training, case automation, and professional support systems—reforms that would directly improve justice delivery for the ordinary person.
According to him, courts lack access to legal databases and digital case systems. They are battered by backlogs that persist across all levels due to inefficient case management, not a shortage of judges.
He further pointed to the timing of the nomination.
“This expansion also raises red flags of impropriety and timing. The naming of seven justices comes at a moment when the Chief Justice herself is under investigation.
“Proceeding with such sweeping appointments under this cloud risks tainting the process with perceptions of impropriety and undermines the credibility of both the nominations and the institution.”
He warned that this could erode judicial independence; undermine public confidence; and entrench partisanship on the bench.
Source: opemsuoc.com/Hajara Fuseini
