Communications Minister, Dr. Edward Omane Boamah has described as absurd a suit against the appointment of Justices Yaw Apau and Gabriel Pwamang to the Supreme Court.
Though he told Joy News he was yet to see the suit filed by the Ghana Bar Association and other top members of the Bar, Dr. Boamah said the writ is also preposterous.
The Ghana Bar Association (GBA), Nene Amegatcher, President of the GBA; Justin Amenuvor, National Secretary of GBA; and Frank Beecham, the immediate past president of the Association, have filed a suit at the Supreme Court insisting that the appointment of Justices Yaw Apau and Gabriel Pwamang to the Court did not follow due process.
They are, therefore, seeking four reliefs including a declaration that an appointment or non-appointment by the President of 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.
But the Communications Minister has pooh-poohed the reliefs being sought.
“I am not aware of any such writ served on the Attorney General, but even if it is the case, I will describe it as preposterous and absurd. I say this because I am not sure particularly the president of the Ghana Bar Association, can put his right hand on his left chest, and say that in all honesty and loyalty, he can indicate that Justice Yaw Apau and Justice Gabriel Pwamang as we speak now, respected justice of the highest court of the land, were not considered by the Judicial Council and subsequently names sent to the president,” Dr. Omane Boamah told Joy News Tuesday.
He expressed surprise the writ by the plaintiffs, was seeking to “diminish the intelligence” of the Chief Justice and other justices of the superior courts who were at the swearing-in ceremony of the two on Monday.
“The president has not breached any aspect of the Constitution of Ghana,” he confidently said, adding that the president followed “every bit” of the constitution in making the appointment.
Hinting that the appointment of the two may not be the last of such appointments, Dr. Omane Boamah suspected that the GBA president and the rest are pushing the agenda to get their favourites appointed.
“If he has any preferences he should wait until he becomes the President of the Republic of Ghana,” he told the GBA president.
But legal practitioner, Yaw Oppong who has seen the writ told Joy News the plaintiffs claimed three names were submitted for appointment to Supreme Court but two were taken. Also, he said, seven names were suggested for appointment into the Appeals Court but five were appointed.
“Page 23 of the writ, the plaintiffs submit that the president appointed two of the nominees advised by the second defendant (Judicial Council) to Supreme Court and five of the nominees advised to be nominated to the Court of Appeal. The plaintiffs submit that inasmuch as the president picked some names and rejected the others on the list advised by the second defendant, the president did not follow the advice of the second defendant.”
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