Why the advice if the president always has his way? – Kpemka slams judicial appointment process

Joseph Dindiok Kpemka, a former Deputy Attorney General, has raised concerns about recent judicial nominations. President John Mahama nominated seven Appeal Court judges to the Supreme Court. Kpemka suggests these appointments may have skipped important procedural checks.

He spoke on Asaase Radio’s The Forum. Kpemka emphasized that citing constitutional provisions is not enough. He stated, “Just quoting the provision and saying that you are acting in compliance with Article 144(2), for me, is insufficient.”

Article 144(2) of the 1992 Constitution outlines the legal framework for such appointments. However, Kpemka believes the process should involve genuine consultation with the Judicial Council. He said, “The Judicial Council is very important in the process leading to the appointment.”

Kpemka also questioned how effective constitutional checks are if presidential discretion overrides them. He asked, “If all the time the President can have his way, then why the need for advice or consultation?” This raises doubts about balance and collaboration envisioned by the Constitution.

On April 29, 2025, President Mahama officially nominated Justices Sir Dennis Dominic Adjei and six others for elevation to the Supreme Court. The announcement came via a letter from Dr. Callistus Mahama to acting Chief Justice Paul Baffoe-Bonnie.

These nominations will go through parliamentary vetting. Kpemka’s comments add scrutiny to this politically sensitive process.