Lawyer and Democracy and Development Fellow in Public Law and Justice at CDD-Ghana, Professor Stephen Kwaku Asare, has expressed deep reservations about the elevation of seven justices of the Court of Appeal to the Supreme Court, warning that the move risks undermining the effectiveness, credibility, and independence of Ghana’s judiciary.
President John Dramani Mahama has nominated seven Justices of the Court of Appeal for elevation to the Supreme Court of Ghana, in line with Article 144(2) of the 1992 Constitution. However, Prof. Asare argues that expanding the apex court’s bench from 12 to 19 would be problematic.
“A bench of nineteen raises serious concerns about judicial effectiveness,” he noted, cautioning that a court of that size could suffer from delays in deliberation, difficulty in building consensus, fragmented judgments, and weakened accountability.
Citing international comparisons, Prof. Asare pointed out that the U.S. Supreme Court has nine justices, South Africa’s Constitutional Court has eleven, and Kenya’s Supreme Court only seven. “Where will the new justices sit? Are there sufficient chambers, clerks, and administrative staff? Has Parliament allocated any budget for this sudden enlargement?” he asked.
“The judiciary is chronically underfunded,” he noted. “Rather than expanding the apex bench, we should redirect resources toward judicial infrastructure, training, case automation, and professional support systems—reforms that would directly improve justice delivery for the ordinary person.”
Prof. Asare also cautioned that the appointments could be perceived as politically motivated. “Stacking the Court to ‘restore balance,’ even if procedurally valid, undermines constitutional integrity,” he wrote.
“This expansion 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,” he said.
“We do not need a bloated bench. We need a credible, well-resourced, and independent Supreme Court. The integrity of our judiciary must not be sacrificed on the altar of political expedience or damage control,” Prof. Asare concluded.
