Two persons, Kwame Asare Obeng (A Plus) – a hiplife artiste, political and social activist – and Yaw Broagya Genfi, a National Democratic Congress (NDC) activist, have filed two separate suits at the Supreme Court seeking to block the nomination of Maxwell Opoku-Agyemang, for appointment as a Justice of the Court of Appeal.
The Attorney General, Godfred Yeboah Dame, in a letter addressed to the Chief Justice, Justice Anin Yeboah, dated 8 February 2022, submitted the names of 11 persons (six serving High Court judges and five private legal practitioners), for consideration and advice of the Judicial Council, for appointment by the President as Justices of the Court of Appeal in accordance with article 144 (3) of the 1992 Constitution. Among the 11, is Maxwell Opoku-Agyemang.
Contention of applicants
The two applicants contend that, the nominee, Opoku-Agyemang, does not qualify to be appointed as a Justice of the Court of Appeal claiming the former acting Director of the Ghana School, was implicated for illegally admitting 10 students into the Ghana School of Law by reason of the findings of the Tony Forson Jnr chaired committee set up by the General Legal Council contained in a letter dated 14th February 2022 with Ref No. SCR 92/VOL. 88.
The findings of the said committee according to the applicants makes the nominee not fit for the appointment because he is not of high moral character and proven integrity for purposes of being appointed as a Justice of the Court of Appeal as required by Article 136 (3) of the 1992 Constitution.
Reliefs sought
The applicants are therefore seeking several reliefs. Among them are “a declaration that on a true and proper interpretation of articles 136(3) of the 1992 constitution which states that;
“A person shall not be qualified for appointment as a Justice of the Court of Appeal unless he is of high moral character and proven integrity and is of not less than twelve years’ standing as a lawyer”; and
Article 144(3) which also states that “Justices of the Court of Appeal and of the High Court and Chairmen of Regional Tribunals shall be appointed by the President acting on the advice of the judicial Council”;
The findings by the Tony Forson Jnr Chaired Committee set up by the General Legal Council contained in a letter dated 14th February 2022, with Ref No. SCR 92/VOL. 88, to the effect that the 2nd Defendant, Mr. Maxwell Opoku-Agyemang, the former Acting Director of the Ghana School of Law illegally admitted 10 students into the Ghana School of Law is not of high moral character and proven integrity for the purposes of being appointed as a Justice of the Court of Appeal”.
They are also seeking “a declaration that on a true and proper interpretation of articles 136(3) and 144(3) of the 1992 Constitution of Ghana by reason of the fact that the 2nd Defendant, Mr. Maxwell Opoku-Agyemang is not of high moral character and proven integrity, he is not qualified to be recommended for nomination to the Judicial Council for advice and appointment as a Justice of the Court of Appeal”.
Furthermore, they are praying the Court for “a declaration that on a true and proper interpretation of articles 136(3) and 144(3) of the 1992 Constitution of Ghana the recommendation for nomination of the 2nd Defendant, Mr. Maxwell Opoku-Agyemang who is not of high moral character and proven integrity by the 1st Defendant, Attorney-General of the Republic of Ghana to the Judicial Council for advice contravenes article 136(3) of the 1992 Constitution and to that extent is null and void and of no legal effect”.
Additionally, the applicants also want the Supreme Court to declare that “on a true and proper interpretation of articles 136(3) and 144(3) of the 1992 Constitution of Ghana the 2nd Defendant, Mr. Maxwell Opoku-Agyemang being the subject of disciplinary proceedings by the 3 Member Disciplinary Committee of the General Legal Council namely Mr. Amoak Afoko, Mr. Kwaku Gyau Baffour and Professor Raymond Atuguba is not qualified(for admitting to illegally admitting 10 students into the Ghana School of Law) to be recommended for appointment to the Judicial Council for advice as a Justice of the Court of Appeal”.
The final relief the applicants are seeking is “an order of perpetual injunction restraining the Judicial Council from considering the said recommendation of the 2nd Defendant, Mr. Maxwell Opoku-Agyemang for appointment as a Justice of the Court of Appeal by the President of Ghana and “any other order(s) the Honourable Court may deem fit”.
Source: Asaase Radio
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