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The Chief Justice stated the appeal in a letter to the President, dated August 12. She said it had become necessary to enhance considerably the administration of justice as enshrined in Article 128 (1) of the 1992 Constitution. The said article states: "The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court." Additionally, Article 128(2) states: "The Supreme Court shall be duly constituted for its work by not less than five Supreme Court Justices, except as otherwise provided in Article 33 of the 1992 Constitution." There are currently 11 justices of the Supreme Court, including the Chief Justice. The passing away of Justice Professor Tawiah Modibo Ocran in October last year, retirement of Justice Theodore Adzoe also in October 2008 and the resignation of Justice Francis Y. Kpegah last December have currently created vacancies at the Supreme Court. The letter stated: "In view of the reasons stated above, the names of the following Justices of the Court of Appeal were submitted to the Judicial Council for consideration for appointment to the Supreme Court - Justice B. T. Aryeetey, Justice S. N. Gbadegbe and Justice Vida Akoto-Bamfo." The Chief Justice said the Judicial Council at its meeting on August 12, approved the recommendations. "In accordance with Article 144(2) of the Constitution, the three recommended names are humbly submitted for your consideration," the letter said.