Parliament on Tuesday vetted two justices, Mr Justice Anthony Alfred Benin and Mr Justice Joseph Bawah Akamba, for appointment to the Supreme Court.
This follows their nomination by President John Dramani Mahama in accordance with Article 144 (2) of the 1992 Constitution on the advice of the Judicial Council and in consultation with the Council of State.
The Appointments Committee of parliament is expected to present its report for debate before the House rises on Wednesday October 31, 2012 for members to prepare for the December Polls.
Until their nominations, the two were the senior judges at the Appeals Court. Their approval will increase the number of judges at the Supreme Court, including the Chief Justice Georgina Wood, from 12 to 14.
The vetting process, bereft of the usual partisan heckling of nominees, saw both justices relaying their opinions on several constitutional and social issues.
Justice Benin insisted that there was no justification in keeping the death penalty on Ghana’s penal code, arguing that the country should get rid of the law and replace it with life sentence with parole to serve justice.
He noted that Ghana had ratified all conventions on the abolition of the death penalty and that it would be in the interest of justice it was abolished completely.
Justice Benin believed that the promotion of judges should be based on competence and merit irrespective of the period one had served on the bench.
Asked whether an upper limit should be placed on the number of judges appointed to the Supreme Court, Justice Benin acknowledged that a limitation to their numbers would inure to the benefit of the dispensation of the law.
He argued that all judges of the Supreme Court should have a say in constitutional matters, even though it may prove difficult for the Supreme Court to review its decisions with the same number of judges.
However, depending on new evidence presented in such circumstance, the same number of judges could change their own decision during review.
He suggested the establishment of standing committees to review cases pending in courts for years without trial, adding that such interventions would inform the Chief Justice, the Police or the Attorney-General on how to tackle such issues.
Justice Benin also observed that it was imprudent for judges to have affiliations with political parties in order for their decisions not to be subjected to partisan banter.
Justice Akamba, affirmed by both sides of the House for his humility and astuteness as a judge, advocated for the expunging of the law criminalizing suicide, arguing that it was a mental health issue and that people who attempted to take their lives needed help and not prosecution.
He said the law needed to recognize this fact and bring some innovation in dealing with the issue instead of bringing suicide cases to court. He also called for the abolition of witches’ camps in the country because such practices were violations of human rights.
Asked if it was an important provision allowing the President the prerogative to set aside decisions of the courts and pardon someone convicted by a competent court, Justice Akamba said there was nothing wrong for the sovereign head of the nation to be given such powers, except when those powers were abused.