Dark Clouds Hang Over Supreme Court Nominee

The fate of the nominee for the Supreme Court, Gabriel Pwamang is hanging in the balance following a petition by a pastor over land and contempt issues and a pending case before the disciplinary committee of the General Legal Council against the nominee.

The committee would decide on the approval of the nominee after the disciplinary committee of the General Legal Council, which would sit today, has deliberated over the issue and submitted their report to Parliament.

These issues were explained by Ebo Barton Oduro, Chairman of the Committee yesterday after several hours of delay to vet the nominee.

Mr. Oduro explained that contempt charges were brought against the nominee by a Pastor after he litigated over a title to land which led to the shutting down of the Pastor's church for 13 months.

The first Deputy Speaker added that the Pastor's Counsel withdrew the case without the Pastor's knowledge.

Mr. Oduro said the Committee had no jurisdiction to preside over the matter, adding that there were no adverse findings against the nominee; hence, they would go on with the vetting.

On the pending case at the General Legal Council, the Committee Chairman said their attention was drawn to the case through the Chief Justice by a member of the disciplinary committee.

He further stated that correspondence between the parties indicated that the disciplinary committee would sit today over the matter but the Appointment Committee would continue with the vetting and take a final decision based on the report of the disciplinary committee.

Responding to questions from members of the committee, Mr. Pwamang suggested that the number of justices at the Supreme Court be limited to 15 because “there is the tendency for people to think otherwise” about the bench. 

Mr. Pwamang also suggested that the President should not be restricted to appointing majority of Ministers of State from Parliament since it limits the President in appointing the best people.

The nominee further agreed that deliberate steps be taken to give women more public representation since they are marginalized.

On electoral laws, the nominee said the constitution should be amended to set a time limit for presidential election petition and allow the court to set its rules within that framework.

Mr. Pwamang is a renowned private legal practitioner with extensive knowledge on constitutional reforms and electoral processes.

He was a member of the Constitutional Review Commission in charge of writing and legislative drafting, legal Consultant to the Committee on Electoral Reforms of the Electoral Commission of Ghana and prepared technical papers on existing constitutional, legislative and administrative regulations covering the three phases of elections in Ghana.

The nominee presented papers on “constitutional reform processes in Africa; lessons from Ghana” to the Netherlands Institute for Multiparty Democracy, Harare and “a vibrant and competitive political party system without public financing; how Ghana political parties made it.”

Other papers the nominee presented were an overview of the report of the Constitution Review Commission and Government White Paper and the 2012 Ghana Elections and the calls for reforms.