The Minority Leader in Parliament, Osahen Alexander Afenyo-Markin, has sounded the alarm bells over what he described as a “constitutional crisis” and “executive overreach,” following the appointment of seven Judges to the Supreme Court.
The Minority Leader who is also the Member of Parliament (MP) for Effutu described the suspension of Chief Justice Gertrude Torkornoo under Articles 146 and 296 as procedurally questionable, stating it places the country at a “constitutional crossroads.”
“An executive that suspends one Chief Justice whilst installing seven new justices is not filling vacancies, it is reshaping the constitutional order.
“The appearance of institutional capture is inevitable and constitutionally catastrophic,” the Minority Leader warned.
Osahen Afenyo-Markin stated these when he addressed the Appointments Committee of Parliament on Monday at the commencement of the vetting of President John Mahama’s seven nominees to the apex court.
He accused the current administration of distorting the judicial order and cautioned the nominees not to become “instruments of executive convenience.”
Supreme Court criticised
The Minority Leader also criticised the Supreme Court for what he called a failure to uphold its constitutional duty during moments when “courage was demanded.”
In a sharp rebuke of the governing National Democratic Congress (NDC), the Minority Leader labelled the party’s actions as “breathtaking hypocrisy.”
He recalled the NDC’s strong opposition to previous judicial appointments under former President Nana Akufo-Addo, including Justice Sophia Bernasko Essah and Professor Richard Frimpong Oppong, which they claimed bloated the Court.
“Where is their concern about court size now? Such breathtaking inconsistency exposes an administration driven by political calculation, not constitutional principle,” he stressed.
Advice to the nominees
Addressing the nominees, Osahen Afenyo-Markin emphasised the critical need for constitutional fidelity and independence from political influence.
“True judicial independence requires constitutional courage, deciding cases on law and precedent, not political preference. It means protecting minority rights against majoritarian excess,” he stated.
The Minority Leader reminded the nominees that the legitimacy of the Supreme Court stems not from political alignment but from the public’s confidence and the Court’s moral standing.
He urged members of the Appointments Committee to conduct their duty with diligence, focusing not just on the legal expertise of the nominees but also their constitutional philosophy and independence.
“We must probe not merely legal knowledge but constitutional philosophy,” he stressed.
To the media and the public, Osahen Afenyo-Markin appealed for tolerance and civility throughout the vetting process.
“Provocative questions are democracy’s oxygen. We are building a nation, not trading insults,” he urged.
Osahen Afenyo-Markin congratulated the nominees on their accomplishments but noted that the constitutional controversy surrounding their nominations was not of their own making.
“Your legal accomplishments merit recognition, and I express sincere sympathy for the constitutional controversy surrounding your nominations, a controversy entirely of the Government’s making, not yours.
“History will judge whether we defended democracy when it needed us most. Future generations will thank us for courage or condemn us for cowardice. The choice is ours. The time is now,” he added.
Three of the seven nominees were vetted on Monday.
The Committee vetted two more on Tuesday and concluded the process yesterday with the final two.
