Justice Senyo Dzamefe, a nominee to the Supreme Court, has acknowledged that there is a constitutional lacuna when the President, Vice President and Speaker of Parliament are out of Ghana for international duty.
He said there is no constitutional provision that required the Chief Justice to be sworn in as the President of Ghana in the absence of the authorities.
Justice Dzamefe made the remarks when answering questions during his vetting by the Appointments Committee of Parliament on Monday.
A lacuna is any specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should exist to address a particular issue.
In May, this year, President John Mahama, Vice President Professor Naana Opoku-Agyemang and Speaker Alban Kingsford Sumana Bagbin were all out of the country for various duties.
The Minority Caucus in Parliament issued a statement to accuse the Mahama-led administration of breaching Article 60 of the 1992 Constitution.
“This represents a clear and egregious violation,” the statement said.
“The Constitution is clear: when the President and Vice President are both out of the country, the Speaker must be sworn in to act as President.”
The Minority pointed to the landmark Supreme Court ruling in Asare v. Attorney General, which confirmed that the country must never be left without a constitutionally mandated leader.
The Supreme Court nominee also shared his personal opinions on constitutional and important national matters.
Justice Dzamefe believed that with the current global trend, it was imperative for the country to adopt digital technology, including virtual hearing of cases in courts to expedite their arbitration.
The nominee advocated adequate working tools and staff motivation for the judicial staff to aid in dispensing cases expeditiously.
Also, timelines must be assigned to cases in court for speedy trial, noting that at least three months for criminal cases and six months for civil cases, he stated.
Justice Dzamefe reaffirmed his commitment to upholding Ghana’s constitutional provision on presidential term limit.
He emphasised his respect for Article 66(2) of the Constitution, which clearly stipulates that a person cannot hold office as President of Ghana for more than two terms.
President John Mahama, earlier this year, nominated seven justices who are currently serving on the Court of Appeals bench to the Supreme Court.
The nominees are Justice Senyo Dzamefe, Justice Sir Dennis Dominic Adjei, Justice Gbiel Simon Suurbaareh, Justice Philip Bright Mensah, Justice Janapare Adzua Bartels-Kodwo, Justice Hafisata Amaleboba, and Justice Kweku Tawiah Ackaah-Boafo.
The President’s nomination is based on Article 144(2) of the 1992 Constitution, which requires the President to appoint Justices of the Supreme Court in consultation with the Council of State and with the approval of Parliament.
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